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Applying Exceptions to the Rules Against Hearsay Evidence in Custody Cases
In Part One of this article, we discussed the fact that the rule against hearsay often presents roadblocks for counsel in contested custody and visitation cases. Now we look at the specific exceptions to the rules against hearsay as they relate to child custody litigations.
State of Mind
Evidence of state of mind is admissible not for its truth, but to show the speaker's mental state (See People v. Ricco, 56 NY2d 320 (1982)), to explain the speakers acts (Loetsch v. New York City Omnibus Corp., 291 NY 308 (1943)), and to show why the person who heard the speaker acted the way he did (People v. Felder, 37 NY2d 779 (1975); Hine v. N.Y. Elevated R.R. Co., 149 NY 154 (1896)). Statements of reason, motive or feeling are admissible when relevant. Certain statements about a present physical condition are also admissible for their truth. Involuntary expressions of pain, such as screams, groans or moans that are introduced to show the speaker was in pain, are admissible, but a statement that the speaker is currently suffering pain is not admissible unless made to a doctor for purposes of treatment. Roche v. Brooklyn City & Newtown R.R. Co., 105 NY 294 (1887).
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.