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Silverthorne Lumber Co. Case Overview

Atty. Renato M. Abastillas, Jr. has asked students to research and define 12 legal terms related to evidence and the hearsay rule. Students are to provide a simple definition and example of each term in Arial 12 font double spaced paper due by September 24. The terms include: [1] Hearsay Rule; [2] Dying Declaration; [3] Dead Man's Statute; [4] Declaration against Interest; [5] Declaration about Pedigree; [6] Part of the res gestae; [7] Records of Regularly Conducted Business; [8] Public or Official Records; [9] Commercial Lists; [10] Learned Treatises

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96 views2 pages

Silverthorne Lumber Co. Case Overview

Atty. Renato M. Abastillas, Jr. has asked students to research and define 12 legal terms related to evidence and the hearsay rule. Students are to provide a simple definition and example of each term in Arial 12 font double spaced paper due by September 24. The terms include: [1] Hearsay Rule; [2] Dying Declaration; [3] Dead Man's Statute; [4] Declaration against Interest; [5] Declaration about Pedigree; [6] Part of the res gestae; [7] Records of Regularly Conducted Business; [8] Public or Official Records; [9] Commercial Lists; [10] Learned Treatises

Uploaded by

GabyBenitez
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

Research Activity

EVIDENCE
Atty. Renato M. Abastillas, Jr., RCrim.

In the vast information provided by the law websites, search for the simplest
and easy-to-understand definition of the following terms and give one
simple example that can best exemplify the concept. Write down your
answers using an A4 sized-paper, Arial font 12, and double-spaced.

Illustration:

Competent evidence is evidence that is not excluded by the law or by the


rules.

Example: Fruit of the poisonous tree - A doctrine that extends the exclusionary


rule to make evidence inadmissible in court if it was derived from evidence that was
illegally obtained. As the metaphor suggests, if the evidential "tree" is tainted, so is its
"fruit." The doctrine was established in 1920 by the decision in Silverthorne Lumber Co.
v. United States, and the phrase "fruit of the poisonous tree" was coined by Justice
Frankfurter in his 1939 opinion in Nardone v. United States.
Like the exclusionary rule itself, this doctrine is subject to three important exceptions.
The evidence will not be excluded:

1. if it was discovered from a source independent of the illegal activity;


2. its discovery was inevitable;
3. or if there is attenuation between the illegal activity and the discovery of the
evidence.

Further, if the primary evidence was illegally obtained, but admissible under the good


faith exception, its derivatives (or "fruit") may also be admissible.
Source: https://www.law.cornell.edu/wex/fruit_of_the_poisonous_tree (last accessed
September 18, 2020)

Please submit on or before noon of September 24, 2020 to my email address,


plmarinstructor@gmail.com to allow your instructor time to read your
answers. Write down your name at the upper left hand corner of your paper.

1. Hearsay Rule.
2. Dying Declaration or Ante-Mortem Statements.
3. Dead Man’s Statute.
4. Declaration against Interest.
5. Act or Declaration About Pedigree and Family Reputation or
Tradition regarding Pedigree.
6. Part of the res gestae.
7. Records of Regularly Conducted Business as exception to the Hearsay
Rule.
8. Public or Official Records as exception to the Hearsay Rule.
9. Commercial Lists as exception to the Hearsay Rule.
10.Learned Treatises as exception to the Hearsay Rule.
11.Testimony or Deposition at a former proceeding as an exception to the
Hearsay Rule.
12.Residual Exceptions under the Hearsay Rule.

-o0o-

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