Posts by admin

present sense impression. Evidence. One’s perception of an event or condition, formed during or immediately after the fact. • A statement containing a present sense impression is admissible even if it is hearsay. Fed. R. Evid. 803(1). Cf. EXCITED UTTERANCE. [Cases: Criminal Law 419(2.15); Evidence 120. C.J.S. Criminal Law § 868; Evidence § 349.] [Blacks…

present sale. See SALE. [Blacks Law 8th]

presents, n. pl. Archaic. The instrument under consideration. • This is usu. part of the phrase these presents, which is part of the longer phrase know all men by these presents (itself a loan translation from the Latin noverint universi per praesentes). See KNOW ALL MEN BY THESE PRESENTS. [Blacks Law 8th]

present recollection refreshed. Evidence. A witness’s memory that has been enhanced by showing the witness a document that describes the relevant events. • The document itself is merely a memory stimulus and is not admitted in evidence. Fed. R. Evid. 612. — Also termed refreshing recollection; refreshing memory; present recollection revived. Cf. PAST RECOLLECTION RECORDED…

presentment warranty. See WARRANTY(2). [Blacks Law 8th]

presentment of Englishry. Hist. The offering of proof that a slain person was English rather than (before the Conquest) a Dane or (after the Conquest) a Norman. • This requirement was issued first by the conquering Danes and then by the Normans to protect these groups from the English by the threat of a village-…

presentment (pri-zent-m<<schwa>>nt). 1. The act of presenting or laying before a court or other tribunal a formal statement about a matter to be dealt with legally. 2.Criminal procedure. A formal written accusation returned by a grand jury on its own initiative, without a prosecutor’s previous indictment request. • Presentments are obsolete in the federal courts.…

present interest. See INTEREST(2). [Blacks Law 8th]

presenting jury. See GRAND JURY. [Blacks Law 8th]

presenting bank. See BANK. [Blacks Law 8th]