text:
Federal Rules of Evidence/Witnesses

Article VI of the Federal Rules of Evidence focuses on the competency and credibility of witnesses. The rules in this article come up often in impeachment—when one side seeks to discredit the other side's witness.

Rule 601. General Rule of Competency

 * Every person is competent to be a witness except as otherwise provided in these rules. However, in civil actions and proceedings, with respect to an element of a claim or defense as to which State law supplies the rule of decision, the competency of a witness shall be determined in accordance with State law.

The second sentence of Rule 601 is another reference to diversity jurisdiction, or the application of state law in federal court. When state substantive law is being applied to an issue, witnesses testifying to that issue must meet that state's legal standards for witness competency. These are sometimes identical to the federal standards and usually not significantly different, although there are some exceptions.

Rule 602. Lack of Personal Knowledge

 * A witness may not testify to a matter unless evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge may, but need not, consist of the witness' own testimony. This rule is subject to the provisions of rule 703, relating to opinion testimony by expert witnesses.

The most important prerequisites to be a witness are memory and perception. To be a witness, a person must have perceived the matter in question, and they must remember it. If they do not remember, or did not perceive, the matter, then their testimony is speculation and it is inadmissible.

Rule 603. Oath or Affirmation

 * Before testifying, every witness shall be required to declare that the witness will testify truthfully, by oath or affirmation administered in a form calculated to awaken the witness' conscience and impress the witness' mind with the duty to do so.

The requirement of an "oath" or "affirmation" is misleading, because a formal oath or affirmation is not strictly necessary. Some witnesses, like small children and the mentally disabled, may not understand the meaning of an oath or affirmation. In these cases, it is enough to demonstrate, through testimony, that the witness understands the concept of truth, and the penalties for not telling the truth on the witness stand.

Rule 604. Interpreters

 * An interpreter is subject to the provisions of these rules relating to qualification as an expert and the administration of an oath or affirmation to make a true translation.

Rule 605. Competency of Judge as Witness

 * The judge presiding at the trial may not testify in that trial as a witness. No objection need be made in order to preserve the point.

Rule 606. Competency of Juror as Witness

 * (a) At the trial. A member of the jury may not testify as a witness before that jury in the trial of the case in which the juror is sitting. If the juror is called so to testify, the opposing party shall be afforded an opportunity to object out of the presence of the jury.

 * (b) Inquiry into validity of verdict or indictment. Upon an inquiry into the validity of a verdict or indictment, a juror may not testify as to any matter or statement occurring during the course of the jury's deliberations or to the effect of anything upon that or any other juror's mind or emotions as influencing the juror to assent to or dissent from the verdict or indictment or concerning the juror's mental processes in connection therewith, except that a juror may testify on the question whether extraneous prejudicial information was improperly brought to the jury's attention or whether any outside influence was improperly brought to bear upon any juror. Nor may a juror's affidavit or evidence of any statement by the juror concerning a matter about which the juror would be precluded from testifying be received for these purposes.

Rule 607. Who May Impeach

 * The credibility of a witness may be attacked by any party, including the party calling the witness.

Rule 608. Evidence of Character and Conduct of Witness

 * (a) Opinion and reputation evidence of character. The credibility of a witness may be attacked or supported by evidence in the form of opinion or reputation, but subject to these limitations: (1) the evidence may refer only to character for truthfulness or untruthfulness, and (2) evidence of truthful character is admissible only after the character of the witness for truthfulness has been attacked by opinion or reputation evidence or otherwise.

 * (b) Specific instances of conduct. Specific instances of the conduct of a witness, for the purpose of attacking or supporting the witness' character for truthfulness, other than conviction of crime as provided in rule 609, may not be proved by extrinsic evidence. They may, however, in the discretion of the court, if probative of truthfulness or untruthfulness, be inquired into on cross-examination of the witness (1) concerning the witness' character for truthfulness or untruthfulness, or (2) concerning the character for truthfulness or untruthfulness of another witness as to which character the witness being cross-examined has testified. The giving of testimony, whether by an accused or by any other witness, does not operate as a waiver of the accused's or the witness' privilege against self-incrimination when examined with respect to matters that relate only to character for truthfulness.

Rule 609. Impeachment by Evidence of Conviction of Crime
Rule 609 is the second rule that deals with the admissibility of prior convictions. It differs from Rule 404(b) in that the conviction can only be used to impeach the witness's credibility, not as substantive evidence. Because of the limited purpose for which the conviction is offered under this rule, only two types of convictions fall under its scope.

 * (a) General rule. For the purpose of attacking the credibility of a witness,

 * (1) evidence that a witness other than an accused has been convicted of a crime shall be admitted, subject to Rule 403, if the crime was punishable by death or imprisonment in excess of one year under the law under which the witness was convicted, and evidence that an accused has been convicted of such a crime shall be admitted if the court determines that the probative value of admitting this evidence outweighs its prejudicial effect to the accused; and

 * (2) evidence that any witness has been convicted of a crime shall be admitted if it involved dishonesty or false statement, regardless of the punishment.

A 609(a)(1) conviction is relevant because of its severity, and is presumptively admissible unless it fails the Rule 403 balancing test for unfair prejudice. The key term is "punishable"—a conviction can be admitted under Rule 609(a) even if it was not punished at all, so long as there was a prospect of the death penalty or an extended prison sentence.

If a criminal defendant is being attacked with a 609(a)(1) conviction, a "reverse 403" balancing test applies. Note that the balancing test weighs toward inadmissibility.

A 609(a)(2) conviction is relevant because it is probative of the witness's honesty or truthfulness. Convictions that might be admissible under this rule include fraud, theft, perjury and insider trading. But many crimes—even heinous crimes like murder, assault and kidnapping—are not necessarily dishonest or untruthful.

While a conviction itself might be admissible under Rule 609, its details are not. Evidence under Rule 609 is usually limited to (1) the offense, (2) the conviction, (3) the date of the conviction, and (4) the sentence. A conviction admitted under Rule 404(b) may be fleshed out in much more detail. But remember: fewer convictions are admissible under Rule 404(b).

 * (b) Time limit. Evidence of a conviction under this rule is not admissible if a period of more than ten years has elapsed since the date of the conviction or of the release of the witness from the confinement imposed for that conviction, whichever is the later date, unless the court determines, in the interests of justice, that the probative value of the conviction supported by specific facts and circumstances substantially outweighs its prejudicial effect. However, evidence of a conviction more than 10 years old as calculated herein, is not admissible unless the proponent gives to the adverse party sufficient advance written notice of intent to use such evidence to provide the adverse party with a fair opportunity to contest the use of such evidence.

Although the "ten-year rule" appears to be quite bendable, it is usually a complete bar to the admissibility of convictions. Some judges will, however, allow convictions beyond the ten-year rule if they pass the balancing test within the rule, and these decisions are usually not overturned on appeal.

Note that "confinement" does not include parole or probation: the ten-year clock begins on the date of conviction or release from prison, whichever is more recent.

 * (c) Effect of pardon, annulment, or certificate of rehabilitation. Evidence of a conviction is not admissible under this rule if (1) the conviction has been the subject of a pardon, annulment, certificate of rehabilitation, or other equivalent procedure based on a finding of the rehabilitation of the person convicted, and that person has not been convicted of a subsequent crime which was punishable by death or imprisonment in excess of one year, or (2) the conviction has been the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence.

 * (d) Juvenile adjudications. Evidence of juvenile adjudications is generally not admissible under this rule. The court may, however, in a criminal case allow evidence of a juvenile adjudication of a witness other than the accused if conviction of the offense would be admissible to attack the credibility of an adult and the court is satisfied that admission in evidence is necessary for a fair determination of the issue of guilt or innocence.

 * (e) Pendency of appeal. The pendency of an appeal therefrom does not render evidence of a conviction inadmissible. Evidence of the pendency of an appeal is admissible.

Rule 610. Religious Beliefs or Opinions

 * Evidence of the beliefs or opinions of a witness on matters of religion is not admissible for the purpose of showing that by reason of their nature the witness' credibility is impaired or enhanced.

Rule 611. Mode and Order of Interrogation and Presentation

 * (a) Control by court. The court shall exercise reasonable control over the mode and order of interrogating witnesses and presenting evidence so as to (1) make the interrogation and presentation effective for the ascertainment of the truth, (2) avoid needless consumption of time, and (3) protect witnesses from harassment or undue embarrassment.

 * (b) Scope of cross-examination. Cross-examination should be limited to the subject matter of the direct examination and matters affecting the credibility of the witness. The court may, in the exercise of discretion, permit inquiry into additional matters as if on direct examination.

Examination of witnesses is often said to follow an "inverted funnel" pattern. On direct examination, any relevant matter can be brought up in questioning. The cross-examiner is limited to the scope of the direct examination and to credibility issues. On re-direct, the examiner is limited to the scope of the cross-examination. If the cross-examiner wishes to re-cross, they will be limited to the scope of the re-direct. And so on. When a lawyer crosses outside the permitted subject matter under Rule 611(b), it is called "exceeding the scope," and is objectionable.

 * (c) Leading questions. Leading questions should not be used on the direct examination of a witness except as may be necessary to develop the witness' testimony. Ordinarily leading questions should be permitted on cross-examination. When a party calls a hostile witness, an adverse party, or a witness identified with an adverse party, interrogation may be by leading questions.

Leading questions are banned on direct examination to keep lawyers from "feeding" their witnesses the answers to each question.

The orthodoxy among courtroom lawyers today is that only leading questions should be used on cross-examination, because the witness can be counted on to give an unfavorable answer if they are given any room to respond. This principle is also why lawyers are allowed to lead hostile or adverse witnesses. An example of "a witness identified with an adverse party" is a police officer from the perspective of a criminal defendant.

In some cases, the direct examiner may need to lead the witness for reasons unrelated to hostility. Small children, for instance, are often confused by open-ended questions. In such situations, the examiner will usually ask the judge for permission to lead.

Rule 612. Writing Used to Refresh Memory

 * Except as otherwise provided in criminal proceedings by section 3500 of title 18, United States Code, if a witness uses a writing to refresh memory for the purpose of testifying, either:

 * (1) while testifying, or
 * (2) before testifying, if the court in its discretion determines it is necessary in the interests of justice,

 * an adverse party is entitled to have the writing produced at the hearing, to inspect it, to cross-examine the witness thereon, and to introduce in evidence those portions which relate to the testimony of the witness. If it is claimed that the writing contains matters not related to the subject matter of the testimony the court shall examine the writing in camera, excise any portions not so related, and order delivery of the remainder to the party entitled thereto. Any portion withheld over objections shall be preserved and made available to the appellate court in the event of an appeal. If a writing is not produced or delivered pursuant to order under this rule, the court shall make any order justice requires, except that in criminal cases when the prosecution elects not to comply, the order shall be one striking the testimony or, if the court in its discretion determines that the interests of justice so require, declaring a mistrial.

In some situations, a witness has first-hand knowledge of relevant facts, but cannot recall them when questioned in court. If this happens, the lawyer questioning the witness can use Rule 612 to "jog their memory" by showing them a record of their prior statement. The witness cannot get their testimony from the record itself: under Rule 612, the record is only shown to them to refresh their recollection. The questioning might go like this:

 * Q. Do you remember the license plate number?
 * A. KX... uh, no, I'm afraid I don't.
 * Q. I'm showing you Defense Exhibit A. (hands over a copy of the witness's statement to the police) Please read it to yourself.
 * A. All right.
 * Q. Now turn it over and set it aside. Do you remember the plate number?
 * A. Yes... it was KX4-56F.

In the above example, the witness has to remember the plate number, not just repeat what is on the paper in front of them. However, if they cannot remember independently, the exhibit can be offered into evidence under Rule 803(5), discussed in the chapter on hearsay.

Rule 613. Prior Statements of Witnesses

 * (a) Examining witness concerning prior statement. In examining a witness concerning a prior statement made by the witness, whether written or not, the statement need not be shown nor its contents disclosed to the witness at that time, but on request the same shall be shown or disclosed to opposing counsel.

 * (b) Extrinsic evidence of prior inconsistent statement of witness. Extrinsic evidence of a prior inconsistent statement by a witness is not admissible unless the witness is afforded an opportunity to explain or deny the same and the opposite party is afforded an opportunity to interrogate the witness thereon, or the interests of justice otherwise require. This provision does not apply to admissions of a party-opponent as defined in rule 801(d)(2).

Rule 613 is about prior inconsistent statements. When a witness says one thing out of the courtroom and then says something else on the witness stand, the opposing party can use their inconsistency to attack their credibility. Rule 613(a) allows a lawyer to "ambush" their opponent's witnesses with a prior inconsistent statement: Rule 613(b) forces the lawyer to ambush the witness on cross-examination, not later when they are unable to respond.

Prior inconsistent statements given under oath are also admissible as substantive evidence under Rule 801(d)(1)(A). The key difference between the two rules is that 613 statements are only useful for impeaching a witness, while 801 statements can be used for any relevant purpose. 801(d)(1)(A) statements can be thought of as a subset of 613 statements; all prior inconsistent statements are admissible to impeach, but only some are admissible for their truth. 801(d)(1)(A) admissibility also overcomes the 613(b) restriction on extrinsic evidence.

Although Rule 613(a) does not specifically apply to "inconsistent" statements, prior consistent statements are irrelevant for the purposes of impeachment: they can, however, be admitted as substantive evidence under Rule 801(d)(1)(B).

Rule 614. Calling and Interrogation of Witnesses by Court

 * (a) Calling by court. The court may, on its own motion or at the suggestion of a party, call witnesses, and all parties are entitled to cross-examine witnesses thus called.

 * (b) Interrogation by court. The court may interrogate witnesses, whether called by itself or by a party.

 * (c) Objections. Objections to the calling of witnesses by the court or to interrogation by it may be made at the time or at the next available opportunity when the jury is not present.

Rule 615. Exclusion of Witnesses

 * At the request of a party the court shall order witnesses excluded so that they cannot hear the testimony of other witnesses, and it may make the order of its own motion. This rule does not authorize exclusion of (1) a party who is a natural person, or (2) an officer or employee of a party which is not a natural person designated as its representative by its attorney, or (3) a person whose presence is shown by a party to be essential to the presentation of the party's cause, or (4) a person authorized by statute to be present.

title: Federal Rules of Evidence/Witnesses


text:
Federal Rules of Evidence/Opinions

Article VII of the Federal Rules of Evidence deals with the opinions of witnesses—both lay opinions and the opinions of expert witnesses.

Rule 701. Opinion Testimony by Lay Witnesses

 * If the witness is not testifying as an expert, the witness' testimony in the form of opinions or inferences is limited to those opinions or inferences which are (a) rationally based on the perception of the witness, and (b) helpful to a clear understanding of the witness' testimony or the determination of a fact in issue, and (c) not based on scientific, technical, or other specialized knowledge within the scope of Rule 702.

Rule 702. Testimony by Experts

 * If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise, if (1) the testimony is based upon sufficient facts or data, (2) the testimony is the product of reliable principles and methods, and (3) the witness has applied the principles and methods reliably to the facts of the case.

Rule 703. Bases of Opinion Testimony by Experts

 * The facts or data in the particular case upon which an expert bases an opinion or inference may be those perceived by or made known to the expert at or before the hearing. If of a type reasonably relied upon by experts in the particular field in forming opinions or inferences upon the subject, the facts or data need not be admissible in evidence in order for the opinion or inference to be admitted. Facts or data that are otherwise inadmissible shall not be disclosed to the jury by the proponent of the opinion or inference unless the court determines that their probative value in assisting the jury to evaluate the expert's opinion substantially outweighs their prejudicial effect.

Rule 704. Opinion on Ultimate Issue

 * (a) Except as provided in subdivision (b), testimony in the form of an opinion or inference otherwise admissible is not objectionable because it embraces an ultimate issue to be decided by the trier of fact.

 * (b) No expert witness testifying with respect to the mental state or condition of a defendant in a criminal case may state an opinion or inference as to whether the defendant did or did not have the mental state or condition constituting an element of the crime charged or of a defense thereto. Such ultimate issues are matters for the trier of fact alone.

Rule 705. Disclosure of Facts or Data Underlying Expert Opinion

 * The expert may testify in terms of opinion or inference and give reasons therefor without first testifying to the underlying facts or data, unless the court requires otherwise. The expert may in any event be required to disclose the underlying facts or data on cross-examination.

Rule 706. Court Appointed Experts

 * a) Appointment. The court may on its own motion or on the motion of any party enter an order to show cause why expert witnesses should not be appointed, and may request the parties to submit nominations. The court may appoint any expert witnesses agreed upon by the parties, and may appoint expert witnesses of its own selection. An expert witness shall not be appointed by the court unless the witness consents to act. A witness so appointed shall be informed of the witness' duties by the court in writing, a copy of which shall be filed with the clerk, or at a conference in which the parties shall have opportunity to participate. A witness so appointed shall advise the parties of the witness' findings, if any; the witness' deposition may be taken by any party; and the witness may be called to testify by the court or any party. The witness shall be subject to cross-examination by each party, including a party calling the witness.

 * (b) Compensation. Expert witnesses so appointed are entitled to reasonable compensation in whatever sum the court may allow. The compensation thus fixed is payable from funds which may be provided by law in criminal cases and civil actions and proceedings involving just compensation under the fifth amendment. In other civil actions and proceedings the compensation shall be paid by the parties in such proportion and at such time as the court directs, and thereafter charged in like manner as other costs.

 * (c) Disclosure of appointment. In the exercise of its discretion, the court may authorize disclosure to the jury of the fact that the court appointed the expert witness.

 * (d) Parties' experts of own selection. Nothing in this rule limits the parties in calling expert witnesses of their own selection.

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/

title: Federal Rules of Evidence/Opinions


text:
Federal Rules of Evidence/Hearsay

Article VIII of the Federal Rules of Evidence deals with hearsay—the rule that a statement made out of court may not be admitted for its truth. Hearsay is a complicated rule fraught with exceptions, and hearsay issues are a common point of argument in the courtroom.

Rule 801. Definitions

 * The following definitions apply under this article:

 * (a) Statement. A "statement" is (1) an oral or written assertion or (2) nonverbal conduct of a person, if it is intended by the person as an assertion.

 * (b) Declarant. A "declarant" is a person who makes a statement.

Rule 801(c). Hearsay

 * "Hearsay" is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.

Rule 801(c) defines hearsay, and also opens up the first "hole" in the rule: to be hearsay, a statement must be offered to prove the truth of the matter asserted. An out of court statement can be admitted for any purpose other than showing that it is true, so long as that purpose is relevant and not barred by another rule of evidence.

This means that commands, questions, and other statements that do not assert anything as true can never be hearsay. Even a matter-of-fact statement can be admitted for purposes other than its truth. Some examples:

 * Legal fact. An old man says "I am the Lord Jesus Christ!" If offered to show that the man is senile or otherwise mentally incompetent, the statement is not hearsay; it is being offered to prove a separate, relevant fact. The statement is hearsay if offered to show that the man is actually the Lord Jesus Christ. Statements of permission and consent are not hearsay to show permission or consent.
 * Effect on the listener. A caller to 911 says "Someone's breaking into a house on Elm Street!" The statement is hearsay if offered to show that there was a break-in on Elm Street. It is not hearsay if offered to show why the police rushed to Elm Street.

Rule 801(d). Statements which are not hearsay
Rule 801(d) makes several types of out-of-court statements admissible for their truth. Rule 801(d)(1) focuses on the statements of witnesses; Rule 801(d)(2) focuses on the statements of parties, which are known as admissions.

 * A statement is not hearsay if--

 * (1) Prior statement by witness. The declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement, and the statement is (A) inconsistent with the declarant's testimony, and was given under oath subject to the penalty of perjury at a trial, hearing, or other proceeding, or in a deposition, or (B) consistent with the declarant's testimony and is offered to rebut an express or implied charge against the declarant of recent fabrication or improper influence or motive, or (C) one of identification of a person made after perceiving the person; or

 * (2) Admission by party-opponent. The statement is offered against a party and is (A) the party's own statement, in either an individual or a representative capacity, or (B) a statement of which the party has manifested an adoption or belief in its truth, or (C) a statement by a person authorized by the party to make a statement concerning the subject, or (D) a statement by the party's agent or servant concerning a matter within the scope of the agency or employment, made during the existence of the relationship, or (E) a statement by a coconspirator of a party during the course and in furtherance of the conspiracy. The contents of the statement shall be considered but are not alone sufficient to establish the declarant's authority under subdivision (C), the agency or employment relationship and scope thereof under subdivision (D), or the existence of the conspiracy and the participation therein of the declarant and the party against whom the statement is offered under subdivision (E).

Prior inconsistent statements
Under Rule 801(d)(1)(A), prior inconsistent statements are not hearsay when the declarant testifies at the trial, is subject to cross-examination, and gave the prior statement under oath subject to perjury.

Prior inconsistent statements under this rule are a subset of prior inconsistent statements under Rule 613. Rule 613 allows all of a witness's prior inconsistent statements to be admitted for the sole purpose of impeachment, or discrediting their testimony. But 613 statements are limited: they can only be used to impeach, and their existence cannot be proven with extrinsic evidence unless the declarant is given an opportunity to explain the discrepancy.

Once a statement qualifies under Rule 801(d)(1)(A), on the other hand, it can be used for any purpose for which it is relevant. The statement's existence can be proven with extrinsic evidence if the declarant denies having made the statement. The statement can also be admitted as substantive evidence of its truth. Where possible, lawyers usually attempt to admit prior inconsistent statements under 801(d)(1)(A), simply because of the greater leeway they have to use the statement.

Prior consistent statements
Under Rule 801(d)(1)(B), prior consistent statements are also not hearsay if the declarant testifies at the trial, is subject to cross-examination, and the statement is introduced to rebut a charge that the declarant fabricated their testimony or has an improper influence or motive.

Statements of identification
Rule 801(d)(1)(c) It's a statement that is not hearsay. It allows witness' previous identification of a defendant to be used as substantive evidence against defendant during trial.

Party admissions
Rule 801(d)(2) stands for the proposition that a party "owns their words." Out-of-court statements by a party to a case are almost always admissible against that party, unless the statements are irrelevant or violate another rule of evidence.

Rule 802. Hearsay Rule

 * Hearsay is not admissible except as provided by these rules or by other rules prescribed by the Supreme Court pursuant to statutory authority or by Act of Congress.

Constitutional hearsay: Roberts and Crawford
Before continuing further, it is important to point out a further qualification to the hearsay rule. The Sixth Amendment to the Constitution provides that "in all criminal prosecutions, the accused shall enjoy the right to be confronted with the witnesses against him." This confrontation clause has been interpreted as a further restriction on the admissibility of statements by out-of-court declarants in criminal cases.

Ohio v. Roberts, 448 U.S. 56 (1980), established that a hearsay exception must meet one of two Constitutional standards: it must have been "firmly rooted" at the time the Sixth Amendment was written, or it must have "particularized guarantees of trustworthiness."

Crawford v. Washington, 541 U.S. 36 (2004), established a rule that testimonial statements made out of court are inadmissible against a criminal defendant unless the defendant has an opportunity to cross-examine the declarant. Although the Supreme Court in Crawford did not give a clear definition of a testimonial statement, it can be understood as any statement which the declarant would understand would eventually be used in a courtroom. Examples of such statements probably include statements to police and official reports during a criminal investigation. Unless the defendant can (or could) cross-examine the declarant, the statement is inadmissible, even if it meets a hearsay exception under the Federal Rules.

Rule 803. Hearsay Exceptions; Availability of Declarant Immaterial

 * The following are not excluded by the hearsay rule, even though the declarant is available as a witness:

Rule 801 establishes which statements are considered hearsay and which statements are not. Rules 803 and 804 deal with exceptions to the hearsay rule—statements which are hearsay, but are nevertheless admissible. The 803 exceptions are preferred to the 804 exceptions, as they generally carry greater credibility.

 * (1) Present sense impression. A statement describing or explaining an event or condition made while the declarant was perceiving the event or condition, or immediately thereafter.

A present sense impression can be thought of as a "play by play." The witness makes the statement as the event is unfolding; the doctrine assumes that the witness does not have the time or the motivation to make up a story in such a situation. Calls to 911 are a good example of a present sense impression.

 * (2) Excited utterance. A statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition.

An excited utterance may be made immediately after the startling event, or quite some time afterward. The key factor is that the declarant must still be under the stress of excitement. Cries for help to police are a good example of an excited utterance, although depending on their content, they may not be admissible against a criminal defendant under the Crawford rule.

 * (3) Then existing mental, emotional, or physical condition. A statement of the declarant's then existing state of mind, emotion, sensation, or physical condition (such as intent, plan, motive, design, mental feeling, pain, and bodily health), but not including a statement of memory or belief to prove the fact remembered or believed unless it relates to the execution, revocation, identification, or terms of declarant's will.

A statement of a then-existing condition must be "self-directed": either describing what the declarant is feeling or what the declarant plans to do. The statement is only admissible to prove the declarant's condition: if others are included in the statement, the statement will not be admissible to prove anything related to the others.

 * (4) Statements for purposes of medical diagnosis or treatment. Statements made for purposes of medical diagnosis or treatment and describing medical history, or past or present symptoms, pain, or sensations, or the inception or general character of the cause or external source thereof insofar as reasonably pertinent to diagnosis or treatment.

803(4) statements do not have to be made to medical professionals; the declarant may make the statement to any caretaker figure. A child's statement to a parent, or an elderly person's statement to the younger relative taking care of them, could both be 803(4) statements. They also do not need to be made to a treating physician; a statement to a doctor hired in preparation for litigation can still be admissible under 803(4). Evaluating an 803(4) statement requires both a subjective determination that the declarant was contemplating diagnosis or treatment, and an objective determination that the statement was pertinent to diagnosis or treatment.

 * (5) Recorded recollection. A memorandum or record concerning a matter about which a witness once had knowledge but now has insufficient recollection to enable the witness to testify fully and accurately, shown to have been made or adopted by the witness when the matter was fresh in the witness' memory and to reflect that knowledge correctly. If admitted, the memorandum or record may be read into evidence but may not itself be received as an exhibit unless offered by an adverse party.

Rule 803(5) is a close relative of Rule 612, discussed in the ../Witnesses/ chapter. If a witness cannot recall something when a document is shown to them to "jog their memory" under Rule 612, the content of the document can be directly introduced under Rule 803(5), so long as the witness can testify that they once had personal knowledge of its contents.

 * (6) Records of regularly conducted activity. A memorandum, report, record, or data compilation, in any form, of acts, events, conditions, opinions, or diagnoses, made at or near the time by, or from information transmitted by, a person with knowledge, if kept in the course of a regularly conducted business activity, and if it was the regular practice of that business activity to make the memorandum, report, record or data compilation, all as shown by the testimony of the custodian or other qualified witness, or by certification that complies with Rule 902(11), Rule 902(12), or a statute permitting certification, unless the source of information or the method or circumstances of preparation indicate lack of trustworthiness. The term "business" as used in this paragraph includes business, institution, association, profession, occupation, and calling of every kind, whether or not conducted for profit.

 * (7) Absence of entry in records kept in accordance with the provisions of paragraph (6). Evidence that a matter is not included in the memoranda reports, records, or data compilations, in any form, kept in accordance with the provisions of paragraph (6), to prove the nonoccurrence or nonexistence of the matter, if the matter was of a kind of which a memorandum, report, record, or data compilation was regularly made and preserved, unless the sources of information or other circumstances indicate lack of trustworthiness.

 * (8) Public records and reports. Records, reports, statements, or data compilations, in any form, of public offices or agencies, setting forth (A) the activities of the office or agency, or (B) matters observed pursuant to duty imposed by law as to which matters there was a duty to report, excluding, however, in criminal cases matters observed by police officers and other law enforcement personnel, or (C) in civil actions and proceedings and against the Government in criminal cases, factual findings resulting from an investigation made pursuant to authority granted by law, unless the sources of information or other circumstances indicate lack of trustworthiness.

 * (9) Records of vital statistics. Records or data compilations, in any form, of births, fetal deaths, deaths, or marriages, if the report thereof was made to a public office pursuant to requirements of law.

 * (10) Absence of public record or entry. To prove the absence of a record, report, statement, or data compilation, in any form, or the nonoccurrence or nonexistence of a matter of which a record, report, statement, or data compilation, in any form, was regularly made and preserved by a public office or agency, evidence in the form of a certification in accordance with rule 902, or testimony, that diligent search failed to disclose the record, report, statement, or data compilation, or entry.

 * (11) Records of religious organizations. Statements of births, marriages, divorces, deaths, legitimacy, ancestry, relationship by blood or marriage, or other similar facts of personal or family history, contained in a regularly kept record of a religious organization.

 * (12) Marriage, baptismal, and similar certificates. Statements of fact contained in a certificate that the maker performed a marriage or other ceremony or administered a sacrament, made by a clergyman, public official, or other person authorized by the rules or practices of a religious organization or by law to perform the act certified, and purporting to have been issued at the time of the act or within a reasonable time thereafter.

 * (13) Family records. Statements of fact concerning personal or family history contained in family Bibles, genealogies, charts, engravings on rings, inscriptions on family portraits, engravings on urns, crypts, or tombstones, or the like.

 * (14) Records of documents affecting an interest in property. The record of a document purporting to establish or affect an interest in property, as proof of the content of the original recorded document and its execution and delivery by each person by whom it purports to have been executed, if the record is a record of a public office and an applicable statute authorizes the recording of documents of that kind in that office.

 * (15) Statements in documents affecting an interest in property. A statement contained in a document purporting to establish or affect an interest in property if the matter stated was relevant to the purpose of the document, unless dealings with the property since the document was made have been inconsistent with the truth of the statement or the purport of the document.

 * (16) Statements in ancient documents. Statements in a document in existence twenty years or more the authenticity of which is established.

 * (17) Market reports, commercial publications. Market quotations, tabulations, lists, directories, or other published compilations, generally used and relied upon by the public or by persons in particular occupations.

 * (18) Learned treatises. To the extent called to the attention of an expert witness upon cross-examination or relied upon by the expert witness in direct examination, statements contained in published treatises, periodicals, or pamphlets on a subject of history, medicine, or other science or art, established as a reliable authority by the testimony or admission of the witness or by other expert testimony or by judicial notice. If admitted, the statements may be read into evidence but may not be received as exhibits.

 * (19) Reputation concerning personal or family history. Reputation among members of a person's family by blood, adoption, or marriage, or among a person's associates, or in the community, concerning a person's birth, adoption, marriage, divorce, death, legitimacy, relationship by blood, adoption, or marriage, ancestry, or other similar fact of personal or family history.

 * (20) Reputation concerning boundaries or general history. Reputation in a community, arising before the controversy, as to boundaries of or customs affecting lands in the community, and reputation as to events of general history important to the community or State or nation in which located.

 * (21) Reputation as to character. Reputation of a person's character among associates or in the community.

 * (22) Judgment of previous conviction. Evidence of a final judgment, entered after a trial or upon a plea of guilty (but not upon a plea of nolo contendere), adjudging a person guilty of a crime punishable by death or imprisonment in excess of one year, to prove any fact essential to sustain the judgment, but not including, when offered by the Government in a criminal prosecution for purposes other than impeachment, judgments against persons other than the accused. The pendency of an appeal may be shown but does not affect admissibility.

 * (23) Judgment as to personal, family or general history, or boundaries. Judgments as proof of matters of personal, family or general history, or boundaries, essential to the judgment, if the same would be provable by evidence of reputation.

Rule 804. Hearsay Exceptions; Declarant Unavailable

 * (a) Definition of unavailability. "Unavailability as a witness" includes situations in which the declarant--

 * (1) is exempted by ruling of the court on the ground of privilege from testifying concerning the subject matter of the declarant's statement; or

 * (2) persists in refusing to testify concerning the subject matter of the declarant's statement despite an order of the court to do so; or

 * (3) testifies to a lack of memory of the subject matter of the declarant's statement; or

 * (4) is unable to be present or to testify at the hearing because of death or then existing physical or mental illness or infirmity; or

 * (5) is absent from the hearing and the proponent of a statement has been unable to procure the declarant's attendance (or in the case of a hearsay exception under subdivision (b)(2), (3), or (4), the declarant's attendance or testimony) by process or other reasonable means.

 * A declarant is not unavailable as a witness if exemption, refusal, claim of lack of memory, inability, or absence is due to the procurement or wrongdoing of the proponent of a statement for the purpose of preventing the witness from attending or testifying.

 * (b) Hearsay exceptions. The following are not excluded by the hearsay rule if the declarant is unavailable as a witness:

 * (1) Former testimony. Testimony given as a witness at another hearing of the same or a different proceeding, or in a deposition taken in compliance with law in the course of the same or another proceeding, if the party against whom the testimony is now offered, or, in a civil action or proceeding, a predecessor in interest, had an opportunity and similar motive to develop the testimony by direct, cross, or redirect examination.

 * (2) Statement under belief of impending death. In a prosecution for homicide or in a civil action or proceeding, a statement made by a declarant while believing that the declarant's death was imminent, concerning the cause or circumstances of what the declarant believed to be impending death.

 * (3) Statement against interest. A statement which was at the time of its making so far contrary to the declarant's pecuniary or proprietary interest, or so far tended to subject the declarant to civil or criminal liability, or to render invalid a claim by the declarant against another, that a reasonable person in the declarant's position would not have made the statement unless believing it to be true. A statement tending to expose the declarant to criminal liability and offered to exculpate the accused is not admissible unless corroborating circumstances clearly indicate the trustworthiness of the statement.

 * (4) Statement of personal or family history. (A) A statement concerning the declarant's own birth, adoption, marriage, divorce, legitimacy, relationship by blood, adoption, or marriage, ancestry, or other similar fact of personal or family history, even though declarant had no means of acquiring personal knowledge of the matter stated; or (B) a statement concerning the foregoing matters, and death also, of another person, if the declarant was related to the other by blood, adoption, or marriage or was so intimately associated with the other's family as to be likely to have accurate information concerning the matter declared.

 * (5) [Transferred to Rule 807]

 * (6) Forfeiture by wrongdoing. A statement offered against a party that has engaged or acquiesced in wrongdoing that was intended to, and did, procure the unavailability of the declarant as a witness.

Rule 805. Hearsay Within Hearsay

 * Hearsay included within hearsay is not excluded under the hearsay rule if each part of the combined statements conforms with an exception to the hearsay rule provided in these rules.

Rule 805 is also known as the "food chain" or "telephone" rule. It is invoked when the declarant makes a statement to a third party, who then retells the statement to the reporter. There can be any number of intermediaries in the chain, so long as each statement between declarant and reporter corresponds to a hearsay exception.

For example, a patient complains to their doctor (803(4)), and the doctor writes down the complaint in a medical record (803(6)), which frightens a nurse and causes him to run to tell an orderly (803(2)), who writes another medical record (803(6)), which is introduced as evidence. Since each statement in the chain falls under a hearsay exception, the statement is admissible.

If any one of the above links constituted inadmissible hearsay, the statement would be inadmissible. Each witness in the chain must also be competent, and each piece of physical evidence has to be authenticated.

Rule 806. Attacking and Supporting Credibility of Declarant

 * When a hearsay statement, or a statement defined in Rule 801(d)(2)(C), (D), or (E), has been admitted in evidence, the credibility of the declarant may be attacked, and if attacked may be supported, by any evidence which would be admissible for those purposes if declarant had testified as a witness. Evidence of a statement or conduct by the declarant at any time, inconsistent with the declarant's hearsay statement, is not subject to any requirement that the declarant may have been afforded an opportunity to deny or explain. If the party against whom a hearsay statement has been admitted calls the declarant as a witness, the party is entitled to examine the declarant on the statement as if under cross-examination.

Rule 807. Residual Exception

 * A statement not specifically covered by Rule 803 or 804 but having equivalent circumstantial guarantees of trustworthiness, is not excluded by the hearsay rule, if the court determines that (A) the statement is offered as evidence of a material fact; (B) the statement is more probative on the point for which it is offered than any other evidence which the proponent can procure through reasonable efforts; and (C) the general purposes of these rules and the interests of justice will best be served by admission of the statement into evidence. However, a statement may not be admitted under this exception unless the proponent of it makes known to the adverse party sufficiently in advance of the trial or hearing to provide the adverse party with a fair opportunity to prepare to meet it, the proponent's intention to offer the statement and the particulars of it, including the name and address of the declarant.

title: Federal Rules of Evidence/Hearsay


text:
Federal Rules of Evidence/Authentication

Article IX of the Federal Rules of Evidence deals with authentication and identification of evidence.

Rule 901. Requirement of Authentication or Identification

 * (a) General provision. The requirement of authentication or identification as a condition precedent to admissibility is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims.

When a piece of physical evidence is presented in the courtroom, other evidence must often be presented to prove that the evidence is what it is claimed to be. Rule 901(b) provides an incomplete list of many ways to do this.

 * (b) Illustrations. By way of illustration only, and not by way of limitation, the following are examples of authentication or identification conforming with the requirements of this rule:

 * (1) Testimony of witness with knowledge. Testimony that a matter is what it is claimed to be.

Such testimony can be very simple. "I'm showing you what has been marked as Exhibit A. Do you recognize it?" "Yes. It's a picture of my cat. I can recognize the spot on her tail." Or it can be very complicated, depending on the nature of the evidence and the attitude of opposing counsel.

 * (2) Nonexpert opinion on handwriting. Nonexpert opinion as to the genuineness of handwriting, based upon familiarity not acquired for purposes of the litigation.
 * (3) Comparison by trier or expert witness. Comparison by the trier of fact or by expert witnesses with specimens which have been authenticated.
 * (4) Distinctive characteristics and the like. Appearance, contents, substance, internal patterns, or other distinctive characteristics, taken in conjunction with circumstances.

Although only Rule 901(b)(2) mentions handwriting specifically, handwriting can also be authenticated by comparison under Rule 901(b)(3), or by expert opinion under Rule 901(b)(4).

 * ''(5) Voice identification. Identification of a voice, whether heard firsthand or through mechanical or electronic transmission or recording, by opinion based upon hearing the voice at any time under circumstances connecting it with the alleged speaker.
 * ''(6) Telephone conversations. Telephone conversations, by evidence that a call was made to the number assigned at the time by the telephone company to a particular person or business, if (A) in the case of a person, circumstances, including self-identification, show the person answering to be the one called, or (B) in the case of a business, the call was made to a place of business and the conversation related to business reasonably transacted over the telephone.
 * ''(7) Public records or reports. Evidence that a writing authorized by law to be recorded or filed and in fact recorded or filed in a public office, or a purported public record, report, statement, or data compilation, in any form, is from the public office where items of this nature are kept.
 * ''(8) Ancient documents or data compilation. Evidence that a document or data compilation, in any form, (A) is in such condition as to create no suspicion concerning its authenticity, (B) was in a place where it, if authentic, would likely be, and (C) has been in existence 20 years or more at the time it is offered.
 * ''(9) Process or system. Evidence describing a process or system used to produce a result and showing that the process or system produces an accurate result.
 * ''(10) Methods provided by statute or rule. Any method of authentication or identification provided by Act of Congress or by other rules prescribed by the Supreme Court pursuant to statutory authority.

Rule 902. Self-authentication

 * Extrinsic evidence of authenticity as a condition precedent to admissibility is not required with respect to the following:

 * (1) Domestic public documents under seal. A document bearing a seal purporting to be that of the United States, or of any State, district, Commonwealth, territory, or insular possession thereof, or the Panama Canal Zone, or the Trust Territory of the Pacific Islands, or of a political subdivision, department, officer, or agency thereof, and a signature purporting to be an attestation or execution.

 * (2) Domestic public documents not under seal. A document purporting to bear the signature in the official capacity of an officer or employee of any entity included in paragraph (1) hereof, having no seal, if a public officer having a seal and having official duties in the district or political subdivision of the officer or employee certifies under seal that the signer has the official capacity and that the signature is genuine.

 * (3) Foreign public documents. A document purporting to be executed or attested in an official capacity by a person authorized by the laws of a foreign country to make the execution or attestation, and accompanied by a final certification as to the genuineness of the signature and official position (A) of the executing or attesting person, or (B) of any foreign official whose certificate of genuineness of signature and official position relates to the execution or attestation or is in a chain of certificates of genuineness of signature and official position relating to the execution or attestation. A final certification may be made by a secretary of an embassy or legation, consul general, consul, vice consul, or consular agent of the United States, or a diplomatic or consular official of the foreign country assigned or accredited to the United States. If reasonable opportunity has been given to all parties to investigate the authenticity and accuracy of official documents, the court may, for good cause shown, order that they be treated as presumptively authentic without final certification or permit them to be evidenced by an attested summary with or without final certification.

 * (4) Certified copies of public records. A copy of an official record or report or entry therein, or of a document authorized by law to be recorded or filed and actually recorded or filed in a public office, including data compilations in any form, certified as correct by the custodian or other person authorized to make the certification, by certificate complying with paragraph (1), (2), or (3) of this rule or complying with any Act of Congress or rule prescribed by the Supreme Court pursuant to statutory authority.

 * (5) Official publications. Books, pamphlets, or other publications purporting to be issued by public authority.

 * (6) Newspapers and periodicals. Printed materials purporting to be newspapers or periodicals.

 * (7) Trade inscriptions and the like. Inscriptions, signs, tags, or labels purporting to have been affixed in the course of business and indicating ownership, control, or origin.

 * (8) Acknowledged documents. Documents accompanied by a certificate of acknowledgment executed in the manner provided by law by a notary public or other officer authorized by law to take acknowledgments.

 * (9) Commercial paper and related documents. Commercial paper, signatures thereon, and documents relating thereto to the extent provided by general commercial law.

 * (10) Presumptions under Acts of Congress. Any signature, document, or other matter declared by Act of Congress to be presumptively or prima facie genuine or authentic.

 * (11) Certified domestic records of regularly conducted activity. The original or a duplicate of a domestic record of regularly conducted activity that would be admissible under Rule 803(6) if accompanied by a written declaration of its custodian  or other qualified person, in a manner complying with any Act of Congress or rule prescribed by the Supreme Court pursuant to statutory authority, certifying that the record:

 * (A) was made at or near the time of the occurrence of the matters set forth by, or from information transmitted by, a person with knowledge of those matters;
 * (B) was kept in the course of the regularly conducted activity; and
 * (C) was made by the regularly conducted activity as a regular practice.

 * A party intending to offer a record into evidence under this paragraph must provide written notice of that intention to all adverse parties, and must make the record and declaration available for inspection sufficiently in advance of their offer into evidence to provide an adverse party with a fair opportunity to challenge them.

 * (12) Certified foreign records of regularly conducted activity. In a civil case, the original or a duplicate of a foreign record of regularly conducted activity that would be admissible under Rule 803(6) if accompanied by a written declaration by its custodian  or other qualified person certifying that the record:

 * (A) was made at or near the time of the occurrence of the matters set forth by, or from information transmitted by, a person with knowledge of those matters;
 * (B) was kept in the course of the regularly conducted activity; and
 * (C) was made by the regularly conducted activity as a regular practice.

 * The declaration must be signed in a manner that, if falsely made, would subject the maker to criminal penalty under the laws of the country where the declaration is signed. A party intending to offer a record into evidence under this paragraph must provide written notice of that intention to all adverse parties, and must make the record and declaration available for inspection sufficiently in advance of their offer into evidence to provide an adverse party with a fair opportunity to challenge them.

Rule 903. Subscribing Witness' Testimony Unnecessary

 * The testimony of a subscribing witness is not necessary to authenticate a writing unless required by the laws of the jurisdiction whose laws govern the validity of the writing.


text:
Federal Rules of Evidence/Documents

Article X of the Federal Rules of Evidence deals with writings, recordings and photographs—documentary evidence.

Rule 1001. Definitions

 * For purposes of this article the following definitions are applicable:
 * (1) Writings and recordings. "Writings" and "recordings" consist of letters, words, or numbers, or their equivalent, set down by handwriting, typewriting, printing, photostating, photographing, magnetic impulse, mechanical or electronic recording, or other form of data compilation.
 * (2) Photographs. "Photographs" include still photographs, X-ray films, video tapes, and motion pictures.
 * (3) Original. An "original" of a writing or recording is the writing or recording itself or any counterpart intended to have the same effect by a person executing or issuing it. An "original" of a photograph includes the negative or any print therefrom. If data are stored in a computer or similar device, any printout or other output readable by sight, shown to reflect the data accurately, is an "original".
 * (4) Duplicate. A "duplicate" is a counterpart produced by the same impression as the original, or from the same matrix, or by means of photography, including enlargements and miniatures, or by mechanical or electronic re-recording, or by chemical reproduction, or by other equivalent techniques which accurately reproduces the original.

Rule 1002. Requirement of Original

 * To prove the content of a writing, recording, or photograph, the original writing, recording, or photograph is required, except as otherwise provided in these rules or by Act of Congress.

Rule 1002 is commonly known as the original document rule or best evidence rule. It states that an original document should be produced in court when its terms are material to the argument—when it is the "best evidence" available.

Rule 1003. Admissibility of Duplicates

 * A duplicate is admissible to the same extent as an original unless (1) a genuine question is raised as to the authenticity of the original or (2) in the circumstances it would be unfair to admit the duplicate in lieu of the original.

Rule 1004. Admissibility of Other Evidence of Contents

 * The original is not required, and other evidence of the contents of a writing, recording, or photograph is admissible if--

 * (1) Originals lost or destroyed. All originals are lost or have been destroyed, unless the proponent lost or destroyed them in bad faith; or
 * (2) Original not obtainable. No original can be obtained by any available judicial process or procedure; or
 * (3) Original in possession of opponent. At a time when an original was under the control of the party against whom offered, that party was put on notice, by the pleadings or otherwise, that the contents would be a subject of proof at the hearing, and that party does not produce the original at the hearing; or
 * (4) Collateral matters. The writing, recording, or photograph is not closely related to a controlling issue.

Rule 1005. Public Records

 * The contents of an official record, or of a document authorized to be recorded or filed and actually recorded or filed, including data compilations in any form, if otherwise admissible, may be proved by copy, certified as correct in accordance with rule 902 or testified to be correct by a witness who has compared it with the original. If a copy which complies with the foregoing cannot be obtained by the exercise of reasonable diligence, then other evidence of the contents may be given.

Rule 1006. Summaries

 * The contents of voluminous writings, recordings, or photographs which cannot conveniently be examined in court may be presented in the form of a chart, summary, or calculation. The originals, or duplicates, shall be made available for examination or copying, or both, by other parties at reasonable time and place. The court may order that they be produced in court.

Rule 1007. Testimony or Written Admission of Party

 * Contents of writings, recordings, or photographs may be proved by the testimony or deposition of the party against whom offered or by that party's written admission, without accounting for the nonproduction of the original.

Rule 1008. Functions of Court and Jury

 * When the admissibility of other evidence of contents of writings, recordings, or photographs under these rules depends upon the fulfillment of a condition of fact, the question whether the condition has been fulfilled is ordinarily for the court to determine in accordance with the provisions of rule 104. However, when an issue is raised (a) whether the asserted writing ever existed, or (b) whether another writing, recording, or photograph produced at the trial is the original, or (c) whether other evidence of contents correctly reflects the contents, the issue is for the trier of fact to determine as in the case of other issues of fact.

title: Federal Rules of Evidence/Documents


text:
Federal Rules of Evidence/Miscellaneous Rules

Rule 1101. Applicability of Rules

 * (a) Courts and judges. These rules apply to the United States district courts, the District Court of Guam, the District Court of the Virgin Islands, the Disrict Court for the Northern Mariana Islands, the United States courts of appeals, the United States Claims Court, and to the United States bankruptcy judges and United States magistrate judges, in the actions, cases, and proceedings and to the extent hereinafter set forth. The terms "judge" and "court" in these rules include United States bankruptcy judges and United States magistrate judges.

 * (b) Proceedings generally. These rules apply generally to civil actions and proceedings, including admiralty and maritime cases, to criminal cases and proceedings, to contempt proceedings except those in which the court may act summarily, and to proceedings and cases under title 11, United States Code.

 * (c) Rule of privilege. The rule with respect to privileges applies at all stages of all actions, cases, and proceedings.

 * (d) Rules inapplicable. The rules (other than with respect to privileges) do not apply in the following situations:

 * (1) Preliminary questions of fact. The determination of questions of fact preliminary to admissibility of evidence when the issue is to be determined by the court under rule 104.
 * (2) Grand jury. Proceedings before grand juries.
 * (3) Miscellaneous proceedings. Proceedings for extradition or rendition; preliminary examinations in criminal cases; sentencing, or granting or revoking probation; issuance of warrants for arrest, criminal summonses, and search warrants; and proceedings with respect to release on bail or otherwise.

 * (e) Rules applicable in part. In the following proceedings these rules apply to the extent that matters of evidence are not provided for in the statutes which govern procedure therein or in other rules prescribed by the Supreme Court pursuant to statutory authority: the trial of misdemeanors and other petty offenses before United States magistrate judge; review of agency actions when the facts are subject to trail de novo under section 706(2)(F) of title 5, United States Code; review of orders of the Secretary of Agriculture under section 2 of the Act entitled "An Act to authorize association of producers of agricultural products" approved February 18, 1922 (7 U.S.C. 292), and under section 6 and 7(c) of the Perishable Agricultural Commodities Act, 1930 (7 U.S.C. 499f, 499g(c)); naturalization and revocation of naturalization under sections 310 - 318 of the Immigration and Nationality Act (8 U.S.C. 1421 - 1429); prize proceedings in admiralty under sections 7651 - 7681 of title 10, United States Code; review of orders of the Secretary of the Interior under section 2 of the Act entitled "An Act authorizing associations of producers of aquatic products" approved June 25, 1934 (15 U.S.C. 522); review of orders of petroleum control boards under section 5 of the Act entitled "An act to regulate interstate and foreign commerce in petroleum and its products by prohibiting the shipment in such commerce of petroleum and its products produced in violation of State law, and for other purposes", approved February 22, 1935 (15 U.S.C. 715d); actions for fines, penalties, or forfeitures under part V of title IV of the Tariff Act of 1930 (19 U.S.C. 1581 - 1624), or under the Anti-Smuggling Act (19 U.S.C. 1701 - 1711); criminal libel for condemnation, exclusion of imports, or other proceedings under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 - 392); disputes between seamen under sections 4079, 4080, and 4081 of the Revised Statutes (22 U.S.C. 256 - 258); habeas corpus under sections 2241 - 2254 of title 28, United States Code; motions to vacate, set aside or correct sentence under section 2255 of title 28, United States Code; actions for penalties for refusal to transport destitute seamen under section 4578 of the Revised Statutes (46 U.S.C. 679); actions against the United States under the Act entitled "An Act authorizing suits against the United States in admiralty for damage caused by and salvage service rendered to public vessels belonging to the United States, and for other purposes", approved March 3, 1925 (46 U.S.C. 781 - 790), as implemented by section 7730 of title 10, United States Code.

Rule 1102. Amendments

 * Amendments to the Federal Rules of Evidence may be made as provided in section 2072 of title 28 of the United States Code.

Rule 1103. Title

 * These rules may be known and cited as the Federal Rules of Evidence.


text:
Cookbook:Spelt Burger

| Vegan cuisine

Ingredients

 * Spelt
 * Leek
 * Oat flakes
 * Onions
 * Cumin
 * Chillies
 * Pepper

Procedure

 * 1) Grind the spelt coarsely (if you have entire corns).
 * 2) Soak the spelt with oat flakes in some water, in order to get a viscous substance. The burgers will be more compact if you add more oat flakes.
 * 3) Cut onions and leek in small pieces.
 * 4) Fry onions and leek with some oil.
 * 5) Mix the substance with onions, leek and spices of your choice (cumin is a good choice).
 * 6) Form flat burgers in a hot, oiled pan.

Notes, tips, and variations

 * The burgers are also quite tasty when they are cold and on the next day.

title: Cookbook:Spelt Burger


text:
Wikijunior:Big Cats/Complete Edition

= INTRODUCTION = = Foreword =

= Meet The Cats =

= GREAT CATS = = Lions =

= Tigers =

= Leopards =

= Jaguars =

= Snow Leopards =

= Clouded Leopards =

= Marbled Cats =

= SWIFT CATS = = Cheetahs =

= SMALL NEW WORLD CATS = = Pumas =

= Lynx and bobcats =

= Ocelots =

= Margays =

= Jaguarundis =

= Rusty-spotted cats =

= SMALL OLD WORLD CATS = = Caracals =

= Servals =

= Manuls =

= Wild cats =

= Sand cats =

= HYBRIDS = = Tigons and Ligers =

= MORE TOPICS = = How do cats raise their young? =

= Fossil History =

= In Danger of Extinction =

= Keeping Cats =

= Cat Classification =

= Glossary =

title: Wikijunior:Big Cats/Complete Edition


text:
Mac OS X Tiger/Meet the Applications/Automator

Automator is a powerful app for quickly accomplishing a set of repetitive or time-consuming tasks. It allows the user to automate actions for other apps to take. The user does this by creating "workflows," sets of commands for the automator to take. =When to Use Automator= One should use Automator if one must accomplish a series of simple, repetitive tasks and UI (user interface) is not an issue. The Automator should generally be used only for very simple actions, for creating a complicated workflow can take longer than the time saved. =Creating a Workflow= To create a workflow, simply drag the desired actions from the left pane to the central one. One will notice that the inputs and outputs of each action link. These show where information flows from one action to the next. This can be turned off by clicking on the input then clicking "Ignore results from previous action." =Using a Workflow= After a workflow has been created, it can be run by clicking the "run" button in the upper-right hand corner. The workflow will then execute all specified actions. A workflow can be canceled at any time by clicking "stop" (next to "run") =List of Actions= This section lists all actions that can be taken by Automator. They are grouped by application of origin, as they are in Automator.


text:
Mac OS X Tiger/Meet the Applications/DVD Player

=Introduction= Soon after audio CDs and CD-ROM discs took the world by a storm, the world's largest technology corporations began work on next-generation discs capable of holding over eight times as much information as their predeccessors. Two rival disc types were developed, but the companies producing them agreed to merge them together into one unified format: the DVD.

While everyone knew from the start that DVD-ROM discs would catch on for storing computer data, the primary use of this breakthrough storage technology would be storing video. And unless you've been living under a rock for the past few years, you'll know that the DVD disc has completely replaced the VHS tape, which is often no longer sold in stores.

The most popular place to play a video DVD will probably always be in a standalone DVD player plugged into a TV. However, every Mac that Apple has shipped this decade includes a built-in DVD Player for convenience. Simply insert a video DVD into your disc drive, and watch as its icon appears on your desktop. But if you double-click this icon, you're greeted by a confusing mess of unusable files containing the movie.

To navigate this mess of files, you need Apple's DVD Player application. It's easy enough to find; it's in your applications folder along with every other app you have in your collection. In fact, since there's not much you can do with a video DVD without DVD Player, your Mac will automatically open DVD Player when you insert a video DVD (assuming you haven't adjusted the settings in the CDs & DVDs pane of System Preferences).

=Playing a DVD= When DVD Player loads, the movie should begin to play automatically. Most movies start by displaying a menu with options. Each DVD has a different menu, and menus can vary dramatically in appearance and layout.

=Region Codes= If you are ever confronted by a dialog box asking you about changing a region code, then you've just had an encounter with one of the big movie studios' favorite tricks for regulating how their content is distributed. What exactly are these region codes, you ask?

Region codes are embedded into every DVD player, and some (but not all) DVD discs. In general, big-budget movies are more likely to contain a region code than smaller, less professional productions. The specific code inside is different depending on the country in which the player or disc was purchased. For example, american DVDs and DVD players have the code "1" embedded in them. DVD players are programmed to refuse discs with different codes. British DVDs (which contain the code "2") do not play in american DVD players (which contain the code "1").

Here's a simple scenario that shows why movie studios use region codes. Let's say that an english movie studio has just finished running its latest movie in theaters. The movie was a hit, so now they want to show it overseas in american theaters. Meanwhile, they also want to release it on DVD in England around the same time.

Without region codes, retailers in England would immediately export the DVD version to America, and people in America would be able to buy the movie on DVD while it was still in theaters. But since region codes exist, the british DVDs would contain the code "2", and american DVD players couldn't play them.

Problem solved for the movie studio, and extra hassle created for the consumer.

The DVD Player application is just a standalone DVD player in software form, so it adheres to the same rules. However, the DVD Player app comes without a region code set. The region code is automatically set when you first insert a region-protected DVD. That is, if the first DVD you play contains the code "1", then the DVD Player application turns into a Region-1 DVD player. But what if you move? Yes, you can change the region code. This takes us full circle to the dialog box asking about the region code.

If you ever insert a DVD with a different region code than the DVD Player application, you get a dialog box asking if you'd like to change DVD Player's region code to match the DVD. However, you can only do this five times. Sorry, but it's how things work! If you choose not to change the code, then you will not be able to play the DVD. It is not reccomended that you change the region code just to watch one DVD and then change it back - the five changes allowed will go by very quickly this way.

To see which DVD region you live in, please refer to the map in figure 2. Region 7 has been reserved for future use, and Region 8 is for airplanes and cruise ships.


text:
Physical Activity/Back Exercises

Maintaining a strong back will reduce pain and injury to people with back problems

Exercises should have the tingling sensation of a stretch, but shooting or painful burning indicate that you should stop the exercise. While a personal trainer is useful, it is good enough if you use common sense and exercise with a friend. A personal trainer is not a doctor, if you hurt yourself, the personal trainer cannot snap you back into place. They will do exactly what an exercise partner or friend would do, call for help. But these exercises are not dangerous, and if you mind your conditions and be cautious, they are completely safe.

Exercise One
Get on your hands and knees. Now, lift your right arm and your left leg. Straighten them up in the air. Hold for two seconds or as long as you are comfortable holding. Get back on all fours, then lift your left arm and your right leg. Repeat this process always using opposite sides of legs and arms. If you are tense, you might not be able to completely extend your leg or arm, in this case do not push it, just go as far as you comfortably can and repeat the exercise. Over many repetitions over several days, you should be able to get closer to extending those arms and legs straight. Also, do not forget to breathe. Either because of the difficulty of the activity, or because of the perceived difficulty of it, some people hold their breath, sometimes out of a habit of holding breath or not breathing naturally when exercising. In general, it is a good idea to breathe through your nose if you can. This will be less tiring than breathing through your mouth.

If you like, you can do this exercise on top of a towel, or a stiff foam mat. It is important not to do exercises like this on a bed or other springy, non solid surface. But it can irritate your knees to be on all fours, so you can do this exercise on a blanket, towel or camping mat.

title: Physical Activity/Back Exercises


text:
Talk:Physical Activity/Back Exercises

Pictures are a'comin. Lotusduck 17:37, 11 December 2005 (UTC)lotusduck

title: Talk:Physical Activity/Back Exercises


text: User:Sommers~enwikibooks

title: User:Sommers~enwikibooks


text: User talk:70.187.203.136

title: User talk:70.187.203.136


text:
User:Linuxbeak~enwikibooks

This is the Wikibooks user page of English Wikipedia administrator Linuxbeak. Stay tuned for updates.

title: User:Linuxbeak~enwikibooks


text:
Mythology/Egyptian Mythology/Deities

General Characteristics
Egyptian deities are often portrayed as having animal heads in art; as an example, Anubis is often portrayed in statuary as having the body of a human, but the head of a jackal. Many gods were portrayed with different animal heads, depending upon the situation. The Egyptians did not actually believe that most of their gods had animal heads; rather, they portrayed them that way as a representation of their dualism, both being a human or humanistic, and having an animal associated with them. This may have been for the benefit of the illiterate.

Descriptions and Unique Traits
Anubis: God of Embalming, Friend of the Dead, originally god of the dead

Details:  The son of Ra and Hathor, Anubis was the first god of the underworld. He was most often portrayed as a man with the head of a jackal but sometimes appeared as fully human or jackal. In later mythology he was replaced as king of the dead by Osiris. Instead he became the gatekeeper to the underworld and protector of souls. One of Anubis's duties was to weigh the heart of the dead against the feather of Ma'at. If the heart weighed the same as the feather, the person being subjected to the test would enter the Field of Reeds, and could enjoy the afterlife. If not they would suffer destruction, and would not exist.

 * The Aten : The embodiment of the Sun's rays in a brief, monotheistic interlude
 * Apep : Serpent of the Underworld, enemy of Ra
 * Atum : A creator deity, and the setting sun
 * Bastet : Goddess of Cats and Women also called Bast and Ailuros
 * Bes : God-Demon of Protection, Childbirth and Entertainment
 * The Four sons of Horus : Protective deities personified in the canopic jars:
 * Duamutef
 * (guardian of the stomach)

 * Imsety
 * (guardian of the liver)

 * Hapi
 * (guardian of the lungs)

 * Qebsennuef
 * (guardian of the intestine)

 * Geb : God of the Earth
 * Hapy : God of the Nile and Fertility
 * Hathor : Goddess of Love and Music
 * Heget : Goddess of Childbirth
 * Horus: The falcon-headed god, son of Osiris and Isis; protects pharaohs
 * Imhotep : God of wisdom, medicine and magic
 * Isis : Goddess of Magic, sister of Nephthys
 * Khepry : The scarab beetle, the embodiment of the dawn
 * Khnum : A creator deity
 * Maahes : God of war
 * Ma'at : Concept of Truth, Balance and Order, sometimes depicted as a goddess. See Anubis for more information on her work in the afterlife.
 * Menhit : Goddess of war
 * Min : God of fertility
 * Mont : God of war
 * Naunet | Nu: The primal waters
 * Neith : Goddess of war, then great mother goddess
 * Nephthys : Mother of Anubis
 * Nut : Goddess of heaven and the sky

 * Osiris : God of the underworld, fertility and agricultural, maternal brother of Anubis
 * Details:  Osiris was the second king of the underworld and one of the four children of the earth (Geb) and the sky (Nuit), and was the husband of Isis, who represented life. As god of the dead, Babi, the god who devoured unworthy souls, was described as his first-born son.In art, since he was representative of death, Osiris was usually depicted as a mummified man, with a beard, and, as ruler of the underworld, was also given the symbols of kingship - the crown, flail, and crozier. Usually, he also was depicted as having green skin, a reference to rotting flesh, and thus to death.

 * Ptah : a creator deity
 * Details:  Ptah, in Egyptian mythology (specifically Memphite), is the creator god. He existed before time was time and began the world. His creation of the world was seen as procreative, although he initially existed alone. Due to this fact, his hand was assigned feminine qualities, and was in itself worshipped as a goddess. Ptah was the patron deity of craftsmen, as everything he created was created by his mind alone.

 * Ra : the sun, possible father of Anubis
 * Details :  For much of Egyptian history, Ra was the chief of gods. He controlled day and night, the passage of time, and the continual cycle of death and rebirth. However, his appearance as the sun god was just one of his many aspects. He was worshipped as a creator, as an ancestor to the pharaohs, and as many other things. He was also called amun ra.

 * Sekhmet : goddess of war and battles

 * Sobek : Crocodile God
 * Details:  In Egyptian mythology, Sobek was the crocodile-god who symbolized the fertility of the Nile River. He was also the god of pharaohs and leaders and so was viewed as immensely powerful.

 * Set : God of Storms, possible father of Anubis, later became god of evil
 * Details :  As the god of the desert, Set was associated with sandstorms, and desert caravans. Due to the extreme hostility of the desert environment, Set was viewed as immensely powerful, and was consequently regarded from time to time as the chief god. In art, Set was mostly depicted as a mysterious and unknown creature, referred to by Egyptologists as the Set animal, with a curved snout, square ears, forked tail, and canine body, or sometimes as a human with only the head of the Set animal. It has no complete resemblence to any known creature, although it does resemble a composite of an aardvark, and a jackal, both of which are desert creatures.

 * Taweret : Goddess of pregnant children and protector at childbirth
 * Tefnut : goddess of order, justice, time, Heaven and Hell and weather

 * Thoth : god of the moon, drawing, writing, geometry, wisdom, medicine, music, astronomy, and magic
 * Details :  Thoth is the Egyptian God of the moon and Wisdom. He is credited in ancient egyptian mythology as the creator of writing and the scribe of the gods.

 * Wepwawet : a wolf deity, worshipped in Lycopolis.

title: Mythology/Egyptian Mythology/Deities


text:
User talk:Suwat004

Image:Ether sample.gif
Can you give proper copyright tag to this image? If you draw it, I suggest PD-self or GFDL-self. --Derbeth talk 20:22, 11 December 2005 (UTC)

title: User talk:Suwat004


text:
German/Level I/Wetter

Lesson I.12: Wetter

Dialoge
Lukas calls his friend Nadja after he sees the weather forecast.

Vocabulary
''You will need to know each expression with an asterisk (*) after it. The others, of course, would be useful to know for the weather forecast or when someone talks with you about weather. But you aren't forced to know Schniesel. Because many people don't know this word.''

Common Phrases
Wie ist (denn) das Wetter in Berlin?

What's the weather like in Berlin?

In Berlin scheint die Sonne.

The sun shines in Berlin.

Wie wird das Wetter?

What's the weather going to be like?

Können Sie mir sagen wie das Wetter heute wird?

Can you tell me how today's weather is going to be?

Wird es regnen, oder bleibt es schön?

Will it rain, or will it remain nice?

''Es wird heute schlechtes Wetter erwartet. Nimm bitte deinen Regenschirm mit!''

Bad weather is today expected. Please take your umbrella with you!

Wie viel Grad zeigt das Thermometer an?

How many degrees on the thermometer?

Das Thermometer zeigt 15 Grad (Celsius) an.

The thermometer says 15 degrees (Celsius).

Das Thermometer zeigt minus 15 Grad (Celsius)* an.

The thermometer says minus 15 degrees (Celsius).

 * You can also say Das Thermometer zeigt 15 Grad minus an.

Vocabulary
das Auto                 car der Bus                  bus das Fahrrad              bike das Motorrad             motor-cycle das Mofa                 moped der Lastwagen            truck, lorry die Straße               road die Landstraße           highway die Autobahn             motorway der Stadtbus             city bus der Linienbus            urban bus der Reisebus             coach die Bushaltestelle       bus stop der Zug                  train die Stadtbahn            city railway die Straßenbahn          tramway, streetcar der Bahnhof              train station, railway station das Flugzeug             airplane, aeroplane der Helikopter           helicopter der Flughafen            airport das Boot                 boat das Schiff               ship die Fähre                ferry der Hafen                harbor, harbour

title: German/Level I/Wetter


text:
User:SoulinEther

Online gamer, life thinker, and etc. :)

title: User:SoulinEther


text:
US Corporate Law

Contents

 * /Introduction/ - Corporations - History - Sources of law
 * /Formation/ - Articles of incorporation - Organizational meeting - First board meeting
 * /Securities/ - Equity and debt financing - Bonds and debentures - Stock - Federal laws
 * /Mergers and Acquisitions/
 * /Directors/ - Meetings - Duties
 * /Management/ - Authority - Compensation
 * /Shareholders/ - Governance - Transfer of control - Derivative litigation - Liability
 * /Personhood/ - Constitutional rights - Social responsibility

title: US Corporate Law


text:
US Corporate Law/Introduction

This chapter introduces the subject of corporate law.

What is a corporation?
A corporation is an entity created by people as a method to pool capital and socialize liability. This text focuses on business corporations, which are created for profit. A corporation can also be created for other reasons. Many churches and charities are established as non profit corporations. Many government entities take a corporate form. Whatever its purpose, a corporation has several unique features under the law.

 * 1) Individuality. Corporations are legal entities. They can theoretically last forever: some corporations have been in continuous operation for hundreds of years. A corporation is also treated like an artificial person for many (but not all) legal purposes. It can enter into contracts under its own name, it can sue or be sued, and it has many of the same constitutional rights enjoyed by natural persons.
 * 2) Separation of ownership and control. A corporation used to be owned by shareholders, but, as it increased in size and shareholders became dispersed at the turn of the 20th century, it became controlled by a board of directors. While shareholders vote on the board of directors, in practice, board members are selected by other board members who then manage the corporation.  The board has a fiduciary duty to the corporation as a whole, not just shareholders. Shareholders can also freely transfer their interest in the corporation, which is known as stock.
 * 3) Limited liability. Under normal circumstances, shareholders cannot lose any more than the amount of their investment in the corporation. If creditors demand more than the corporation can pay, the shareholders' personal assets are usually safe.

Corporations versus other business entities
While corporations are perhaps the archetype of a business entity, they are by no means the only way to form a business. The choice to form a corporation is not always an easy one.

Sole Proprietorship
Rather than start a corporation, an entrepreneur can go into business under their own name as a sole proprietor. This has the advantage of simplicity: there is no need to file paperwork with the government or hold meetings and elections, all of which must take place in a corporation.

A sole proprietor, however, is "one with their business." Their profits and losses are treated as personal income on their taxes. If they accumulate business debts, creditors can go after their personal assets. If a sole proprietor dies, their business is treated like any other personal asset, and ends up in the hands of whomever they will it to. Most importantly, a sole proprietorship is just one person: if more than one person wants to start a business, they need a more complex form.

Partnership
The partnership is the most basic form of collaborative business. Like a sole proprietorship, it has the advantage of simplicity.

Two or more people can start a business with no special formalities, and their business will be treated as a general partnership. They directly control the partnership and can make binding decisions with a simple majority vote. Assets of the business will be listed in their names individually, and the partners will jointly be liable for any debts incurred by the partnership. The partners are also entitled to take home any profits made by the partnership. They are taxed individually on their share of the partnership's profits, regardless of whether they keep these profits or reinvest: the partnership is not taxed separately, which offers a huge advantage over corporate taxation.

Limited partnerships (LPs) allow individuals to invest as "limited partners," which gives them the limited liability of shareholders at the expense of relinquishing their right to participate in management of the partnership. A partnership can also file with the state to be treated as a limited liability partnership (LLP), which offers some of the limited liability benefits of a corporation. A few states allow the general partners in an LP to file for LLP status, creating a limited liability limited partnership (LLLP), but such organizations are still rare. (See, e.g., Fla. Stat. § 620.1102(10), Va. Code § 50-73.78.)

Regardless of type, all partnerships are considered to be an aggregate of their partners, rather than a separate entity. Unlike corporations, in which stock can be freely traded (assuming a willing buyer), a partner involved in the management of the partnership can only transfer their interest with the consent of the other partners. If the mutual consent to form a partnership breaks down, the partnership breaks down as well. This means that partnerships do not last as long as corporations, and the form is unsuited for larger businesses, especially those that wish to take advantage of public equity markets, like stock markets, to seek new investors.

Limited liability companies
A Limited Liability company (LLC), or a Limited Liability Partnership (LLP), is an entity that limits liability to its owners. In this way, it is similar to a corporation. However, unlike a corporation, an LLC is not subject to double-taxation. In this way, an LLC is similar to a partnership or an S-Corporation. An LLC differs from a partnership in that it continues to exist if one of the owners dies. An LLC differs from an S-Corporation in that it does not require that profits be paid evenly to share holders.

History of corporate law

 * This section incorporates text from Wikipedia, "Corporation."

Early corporations of the commercial sort were formed under frameworks set up by governments of states to undertake tasks which appeared too risky or too expensive for individuals or governments to embark upon. The alleged oldest commercial corporation in the world, the Stora Kopparberg mining community in Falun, Sweden, reportedly obtained a charter from King Magnus Eriksson in 1347. Many European nations chartered corporations to lead colonial ventures, such as the Dutch East India Company, and these corporations came to play a large part in the history of corporate colonialism.

In the United States, government chartering began to fall out of vogue in the mid-1800s. Corporate law at the time was very restrictive and very closely regulated by the states. Forming a corporation usually required an act of legislature. Investors generally had to be given an equal say in corporate governance, and the corporation's activities were tightly restricted to its express purposes. Many private firms in the 19th century avoided the corporate model for these reasons (Andrew Carnegie formed his steel operation as a limited partnership, and John D. Rockefeller set up Standard Oil as a trust).

Eventually, state governments began to realize the economic value of providing more permissive corporate laws. New Jersey was the first state to adopt an "enabling" corporate law, with the goal of attracting more business to the state. Delaware followed, and soon became known as the most corporation-friendly state in the country; even today, most major public corporations are set up under Delaware law.

The 20th century saw a proliferation of enabling law across the world, which helped to drive economic booms in many countries before and after World War I. After World War II, and especially starting in the 1980s, many countries with large state-owned corporations moved toward privatization, the selling of publicly-owned services and enterprises to private, normally corporate, ownership. Deregulation - reducing the public-interest regulation of corporate activity - often accompanied privatization as part of an ideologically laissez-faire policy. Another major postwar shift was toward conglomerates, in which large corporations purchased smaller corporations to expand their industrial base. Japanese firms developed a horizontal conglomeration model, the keiretsu, which was later duplicated in other countries as well.

While corporate efficiency (and profitability) skyrocketed, small shareholder control was diminished and directors of corporations assumed greater control over business, contributing in part to the hostile takeover movement of the 1980s and the accounting scandals that brought down Enron and WorldCom following the turn of the century.

State statute
Most corporate law comes from state statutes. Under the internal affairs doctrine, every corporation is internally governed by the law of the state in which it is incorporated, or formed. As a result, many larger corporations are incorporated in states that are known for having a business-friendly corporate legal structure. The state best known for this is Delaware, which houses more than half of the Fortune 500: Delaware is known for having a favorable franchise fee structure and highly specialized courts (one court, the Court of Chancery, deals primarily with corporate issues). Smaller corporations usually find it advantageous to incorporate in the state where they do most of their business.

State statutes are all subtly different, but many follow the structure of the Model Business Corporation Act, a "model statute" drafted by the American Bar Association. The MBCA is associated with smaller states which might not have the time or the motive to develop their own corporate statutes. Larger, more economically important states, like New York and California, have more unique corporate statutes, incorporating rules from many sources. The Delaware General Corporation Law is the most important statute because of the number of corporations it governs. Most American lawyers study the MBCA and DGCL in law school, and this text will focus on the provisions of those two statutes.

Statutes based on the MBCA
The Model Business Corporation Act (2002) is copyrighted by the American Bar Association.

 * Arizona Revised Statutes, Title 10
 * Florida Business Corporation Act (FBCA)
 * Georgia Business Corporation Code (GBCC)
 * Illinois Business Corporation Act (IBCA)
 * North Carolina Business Corporation Act (NCBCA)
 * South Carolina Business Corporation Act (SCBCA)
 * Washington Business Corporation Act (WBCA)
 * Wisconsin Business Corporation Law (WBCL)

Other statutes

 * California Corporations Code (CCC)
 * Delaware General Corporation Law (DGCL)
 * Nevada Revised Statutes (NRS)
 * New Jersey Business Corporation Act (NJBCA)
 * New York Business Corporation Law (NYBCL)
 * Ohio General Corporation Law (OGCL)
 * Pennsylvania Business Corporation Law (PBCL)
 * Texas Business Corporation Act (TBCA)

Federal statute
State laws govern the mechanics of corporations, but many federal laws are applicable to corporations as well. Publicly-traded corporations must comply with federal securities laws, the most important of which are the Securities Act of 1933 (1933 Act) and Securities Exchange Act of 1934 (1934 Act). The Sarbanes-Oxley Act of 2002 (SOXA) imposed many new rules on public corporations. Corporations must also comply with the wide variety of federal laws governing employment, environmental protection, food and drug regulation, intellectual property and other areas.

Common law
Much of corporate law comes from common law - the judge-made law based on tradition, which governs where statutes are silent. Common law principles of agency, contracts and torts are all important in the corporate context.

The common law of corporate governance has not been the subject of a Restatement, but the American Law Institute has compiled a set of suggested rules called the ALI Principles of Corporate Governance.

Internal law
Corporations also make their own internal laws. They chiefly do this through two documents: the articles of incorporation and the bylaws.

Articles of incorporation can be thought of as the "constitution" of a corporation. The articles, sometimes known as the charter or certificate of incorporation depending on the state, contain a few provisions required by statute, such as the name of the corporation and the location of its registered agent, as well as other provisions that regulate the corporation's affairs. The articles of incorporation bind the board of directors and can only be altered with the approval of the shareholders.

Bylaws are "statutes" written by the board of directors and can usually be amended by the board of directors without first obtaining shareholder approval. The bylaws generally establish internal rules for the governance of the corporation, such as officer positions and meeting procedures.

The articles of incorporation must comply with the statute under which the corporation is incorporated, and the bylaws must comply with the articles of incorporation as well as the statute.

(Back to US Corporate Law)

title: US Corporate Law/Introduction