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Pov Legal Meaning

According to The Free Dictionary, the term POV has many definitions other than point of view. However, these other definitions are much less common and should therefore be used sparingly. If you decide to use one of these alternative definitions for the acronym POV, be sure to provide the reader or listener with the right context so they can infer the meaning they want. This should be common practice for all acronyms you use that have more than one possible meaning. WITNESS. A person who is sworn or affirmed according to the law and declares his knowledge of the facts that are disputed between the parties in a case. 2. In another sense, testimony means a person called upon to attend a business, a wedding or the drafting of a will. When a person signs his name on an act, an act, a loan and the like, to indicate that the same act was performed in his presence, he is called a witness. 3. The testimony of witnesses can never have the effect of a demonstration, because it is not impossible, indeed it often happens, that they are mistaken or want to deceive themselves.

Therefore, no other certainty can emerge from their testimony than that which follows from the analogy. If, in the quiet of passions, we listen only to the voice of reason and the impulse of nature, we feel in us a great reluctance to betray the truth, to the detriment of anyone else, and we have observed that honest, intelligent and disinterested people never come together to deceive others by lying. We then conclude by analogy, with a kind of moral certainty, that a fact witnessed by several witnesses that deserves to be recognized is true. This proof draws all its power from a double conjecture. First, we assume, based on the common sense of the witnesses, that they were not mistaken; And secondly, because of their honesty, we assume that they do not want to deceive. In order to be sure that they have not been deceived and that they do not want to mislead, we must establish as far as possible the nature and quality of the facts proved; the capacity and identity of the witness; and the testimony itself, comparing it with the testimony of other witnesses or with known facts. See the circumstances. 4.

It is correct to consider, 1. The character of the witness. 2d. The quality of the witness .3d. The number of witnesses required by law. 5.-1. When we are asked to rely on someone else`s testimony to make judgments about certain facts, we must be sure, 1. That he knows the facts in question and that he is not mistaken; and 2D. That he is inclined to tell the truth and that he has no desire to impose on those who must judge his testimony. The trust we place in the witness must therefore be considered first by his ability or organization, and then by the interest or motive he has or does not have to say to tell the truth.

If the facts on which the witness testifies are consistent with the known circumstances, he becomes much more credible than if there is a contradiction in this regard. It is true that until impeachment, one witness is as good as another; But when a witness is charged, although he remains competent, he is not as credible as before. Empty circumstances; Capacity; Credibility. 6.-11. With regard to the status of witnesses, it is generally a rule that any person may be a witness. There are several exceptions to this. A witness may be unable to 1. For lack of understanding. 2. Because of interest. 3.

Because his confession is contrary to public policy. 4. For lack of religious principles; and 5. Because of shame. 7.-Ab. 1. It is clear that people who want to understand cannot be witnesses because they are supposed to face facts that they know; And if they don`t understand, they can`t know the facts. There are two classes of such people. 8th-1st infants. A child of any age who is able to distinguish right from wrong can be heard as a witness; And in all cases, the examination must be carried out under oath or insurance.

1 phil. 19; 1 const. A. 354. This seems to be the rule in England; Although previously, some judges have ruled that this is a legal presumption that the child is incapable if he or she is under the age of seven. Gilb. Ev. 144; 1 East, r. 422; 1 East, P.O. Box 443; 1 Leach, p. 199. If the child is under fourteen years of age, he or she is considered incapable until proven of his or her ability to pay; 2 Rep.

Tenn. 80; 19 Mass. R. 225; and see 18 John. R. 105; If he is over fourteen years of age, he may take the oath without prior examination. 2 South. No.

589. 9th-2nd idiots and crazy. An idiot cannot be heard as a witness, but a madman can be interrogated during a lucid interval (see below). An intoxicated person cannot be admitted as a witness. 15 Serg. & Rawle, 235. See Ray, Med. v. 22, §§ 300-311. 10.-Abs. 2. Interest in the complaint excludes the witness from questioning, except in certain circumstances.

See the article Interest. Exceptions are informants (see below) where they are required by law, although they may be entitled to punishment; 1 phil. 96; Persons entitled to a reward (see below) are sometimes competent; Agents are also allowed to prove a contract concluded by them of the client, 1 phil. Ev. 99; and see 1 John. Case 408; 2 John. Case 60; 2 John. No. 189; 13 Mass.

R. 380; 11 Mass. R. 60; 2 marshes. In the year 706 b; 1 Dall. R. 7; 1 Caines` R. 167. A simple trustee can be audited by both parties.

1 Clarke, r. 281. The jurisdiction of an interested witness may be restored by release. 1 Phil. 101. See generally 1 Day`s R. 266, 269; 1 Caines` R. 276; 8 John. No. 518; 4 R. Mass 488; 3 John. Cases 82, 269; 1 Hayw.

2; 5 Halst. R. 297; 6 binn. No. 319; 4 binn. 83; 1 Danas R. 181; 1 Taylor`s R. 55; Ferry.

From. evidence B; Bouv. Index inst., h.t. 11.-Abs. 3. There are people who cannot be heard as witnesses because it is incompatible with public policy for them to testify against certain persons; These are, 12th-1st husband and wife. The reason for their exclusion from mutual testimony is partly based on their identical interests, partly on a principle of public order, which considers it necessary to protect security and confidence in private life, even if justice is sometimes denied. They cannot be witnesses to each other, for their interests are absolutely the same; They are not witnesses against each other because it is against the politics of marriage. Co. Litt.

6, b; 2 T. R. 265, 269; 6 binn. 488. That is the rule where one of the two parties to a civil action is present. 13. But if one of them, who is not a party, is interested in the outcome, there is a difference between the statement for and against the other. It is an immutable rule that neither of them is a witness to the other who is interested in the outcome, and that if the husband is disqualified by his interest, the wife is also incompetent. 1 Ld. Raym.

744; 2 1095 Street; 1 S. Wms. 610. 14. If, on the other hand, the husband`s interest, which consists in civil liability, would not have protected him from examination, it appears that the wife must also be held liable, even if this may entail action by her husband. This case is very different from those in which the husband himself could not have been questioned, either because he had left or because he was incriminating himself. The party for whom the wife`s testimony is essential has a legal interest in his testimony; And since he might insist on questioning the husband, it seems, it would put too much strain on the rule of politics to deprive him of the wife`s testimony. In an action concerning goods sold and delivered, it has been held that the wife of a third party is entitled to prove that credit was granted to her husband. 1 504 Street; B. N. P. 287.

See 1 H. & M. 154; 11 Fair 286; 1 Har. and J. 478; 1 tayl. 9; 6 binn. 488; 1 Yeates; 390, 534. 15. If neither of them is a party to the dispute or is interested in the overall outcome, the husband or wife apparently has the right to prove a fact, provided that the evidence is not directly discriminatory or tends to discriminate against the other.

2 R. T. 263. 16. In Pennsylvania, it was decided that the testimony of a woman on her deathbed who accused her husband of murder was good evidence against him in his murder trial. Addis. 332. In an indictment of conspiracy in connection with the conspiracy of a young girl from her mother`s house, and she was drunk on reciting the marriage ceremony between her and one of the accused, the girl is a competent witness to prove the facts. 2 Yeates, page 114-17.

On the competence of a wife, see de facto, but not de jure, Stark. Ev, paragraph 4, p. 711. And on a charge of forced trespassing, the prosecutor`s wife was questioned as a witness to prove violence, but only violence. 1 Dall. 68. 18. 2. Lawyers. They cannot be heard as witnesses for confidential communications received from their clients during the existence of the solicitor-client relationship.

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