Hearsay

Hearsay is a statement that the speaker does not make while testifying in court and is offered in evidence to prove the truth of a matter asserted in the statement itself. A statement can be said aloud, written or by nonverbal conduct if the person intended it as an...

False Statements (vs. Perjury)

Not to be confused with perjury, false statements made to Congress or to federal law enforcement are punishable under its own statute, 18 U.S.C. § 1001. The distinction between perjury and false statements is largely lost on the media talking heads. Particularly...

Double Jeopardy

The Fifth Amendment of the Constitution prohibits double jeopardy. Moreover, the Fourteenth Amendment enforces the Fifth Amendment guarantee against double jeopardy of the same crime under state law.[1]See, e.g., Ashe v. Swenson, 397 U.S. 436 (1970). The double...

Defamation, Libel and Slander

Legal actions sounding in defamation, libel or slander are generally covered under state law for civil suits seeking damages from harm to reputation caused by false representation of facts. The contours of these areas of law vary from state to state, except when...