Dying declaration

Definition
: a statement that is made by a person who firmly believes that he or she is about to die and has no hope of recovery and that concerns the circumstances or cause of the presumed death
compare excited utterance res gestae
Dying declarations are an exception to the hearsay rule and can be admitted as evidence only if the declarant is unavailable as a witness.



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Based on Merriam-Webster's Dictionary of Law ©2001.
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intrinsic fraud

fraud (as by the use of false or forged documents, false claims, or perjured testimony) that deceives the trier of fact and results in a judgment in favor of the party perpetrating the fraud


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