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The prosecution doesn’t have evidence, just witnesses. Isn’t that hearsay?

There is wide confusion in the general public, probably thanks to legal drama TV shows about what "hearsay" means and how it applies to a criminal case. Hearsay is an out of court statement made by a party not under oath. Technically, yes, all of the witness statements in a police report are hearsay. But that really doesn't matter because if the witness is important, they are going to be subpoenaed and brought to court and will offer in court testimony that isn't hearsay. The other confusion here is about what constitutes "evidence" in a criminal case. While many cases will have physical and documentary forms of evidence like breath test results, bodycam videos, physical exhibits like a weapon, some cases will not have any of that type of evidence. Instead, the case will be based on witness testimony, which IS a form of evidence and can carry the same weight as scientific or other physical evidence. You can absolutely be convicted of a crime even when the only evidence is witness testimony. This is why it is important to have a defense attorney who is skilled at questioning witnesses.

How long do I have to file a claim against a cruise ship?

One of the many pitfalls in handling admiralty and maritime claims is the time limit in which to bring a claim. Typically, the contract of passage (or ticket) has a 6 month time period to make a claim against the cruise lines, and a one year requirement to file suit.

How has COVID-19 effected breathalyzer tests?

In April 2020 the Scientific Director of the Texas Breath Alcohol Testing Program, Trevis Beckworth, issued a directive to all Technical Supervisors telling them to cease on-site inspections until further notice. The stated reason was “to lessen the risk of exposure to our Technical Supervisors.” No mention was made of the risk to those actually taking a breath test. This raises two issues: Required inspections that are necessary to maintain the scientific integrity of the breath test being administered were halted and no steps were put into place to clean or decontaminate the instruments to prevent the risk of exposure to a person taking a breath test.

What are some of the challenges of suing a nursing home?

Due to caps on non-economic damages, widespread creation of shell corporations, limited liability insurance coverage and offshore hiding of assets, these cases have always been challenging. Now, there are additional immunities and legal protections due to COVID-19.

What are some typical examples of construction defects?

Typical examples include leaks behind siding, under roof assemblies, or through window installations. Over time, water from these leaks will cause damage to other components of the house, and the hidden condition will reveal itself. These hidden defects may cause a variety of troublesome conditions severely impacting the owner’s ability to comfortably and safely reside in the house.

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