by Ralph Davis | Mar 3, 2022 | Uncategorized
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...
by Ralph Davis | Feb 11, 2022 | Uncategorized
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...
by Ralph Davis | Feb 11, 2022 | Uncategorized
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...
by Ralph Davis | Feb 9, 2022 | Uncategorized
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...
by Ralph Davis | Feb 9, 2022 | Uncategorized
The Attorney-Client privilege is limited by a number of exceptions. One of those exceptions is the Crime-Fraud exception which excludes from protection of disclosure communications between an attorney and a client involving advice for a future wrongdoing such as for a...
by Ralph Davis | Feb 9, 2022 | Uncategorized
Since 1803, the law has been well settled that the United States Supreme Court has the exclusive “province and duty” to “say what the law is” with respect to whether a particular federal law is contrary to the United States Constitution.[1]Marbury v. Madison, 1 Cranch...
