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Hearsay Evidence in Custody Cases
The rule against hearsay often presents roadblocks for counsel in contested custody and visitation cases, especially where the custodial parent frequently remarries or lives with a new partner. Understanding the rule and its implications is critical to the effective representation of a client in a custody matter.
Hearsay has been defined as 'evidence of a statement which is made other than by a witness while testifying at the hearing offered to prove the truth of the matter stated. This ' … means not only an oral or written expression but also non-verbal conduct of a person intended by him as a substitute for words in expressing the matter stated.' People v. Caviness, 38 NY2d 227 (1975); See also Farrell, Prince ' Richardson on Evidence, 11th Ed., ' 8-101.
The rule against hearsay prohibits evidence of an out-of-court statement that is offered for its truth where there is an objection, unless there is an exception to the rule. If there is no exception the evidence must be excluded. Sadowsky v. Chat Noir, 64 AD2d 697; Prince, Richardson on Evidence, 11th Edition, 8-103. A forensic report made by a court- appointed evaluator is hearsay. Kessler v. Kessler, 10 NY2d 445 (1962). See also Matter of D'Esposito v. Kepler, 14 AD39 (2d Dept. 2005); Kahn v. Dolly, 6 AD3d 437 (2d Dept. 2004); Chambers v. Bruce, 292 AD2d 525 (2d Dept. 2002); Wilson v. Wilson, 226 AD2d 711 (2d Dept. 1996). Most documents in the court file are hearsay too.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.