Written by attorneys · grounded in primary & secondary sources — see below
The quality or state of being in accordance with fact or reality.
Sources & Authorities· 20 primary sources
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Restatements
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How it applies
Common Examples
6
Hearsay Determination in Malpractice Suit
Veronica Varela offered her aunt's out-of-court description of an attorney's admission that evidence had been mishandled. The court examined whether the description was offered to establish that the mishandling actually occurred. Because the proponent sought to prove the events described rather than some other purpose, the statement triggered hearsay analysis under the governing rule establishing veritas.
Fraudulent Misrepresentation in Sale
Vincent Vale assured Vanguard Bank that a vessel's safety certifications were current when he lacked any basis for that assurance. The bank later discovered the certifications had expired. The court assessed whether Vale lacked the confidence he implied in the truth of his statement, which bore on whether the misrepresentation was fraudulent under veritas standards.
Physical Harm from Relied-Upon Statement
Vincente Vukovic told a contractor that a rooftop platform was rated for heavy equipment when he knew it was not. The contractor relied on the statement and suffered injury when the platform collapsed. Liability turned on whether the contractor acted in reliance upon the truth of the representation establishing veritas.
Attorney Statement About Judicial Candidate
Vaughn Valentine, a lawyer, publicly claimed that a judicial candidate had falsified bar credentials. The disciplinary authority investigated whether Valentine knew the claim was false or made it with reckless disregard for its truth. The inquiry focused on the lawyer's knowledge concerning the truth of the assertion about the candidate's integrity under veritas.
Expert Reliance on DNA Profile
Vanessa Vinson, a forensic expert, relied on a laboratory DNA report prepared by a non-testifying analyst to form her opinion in a criminal case. The court considered whether the report was admitted to prove the truth of the genetic match or merely to explain the basis of the expert's conclusion. The distinction determined whether confrontation rights were implicated regarding veritas.
Admissibility of Genetic Testing Report
Vera Vargas sought to introduce a court-ordered genetic test report to establish parentage. The court admitted the report as evidence of the facts asserted within it. The ruling rested on whether the report could be received to prove the truth of the genetic relationship stated in the document as veritas.
Common questions
Frequently Asked
6
When is a statement offered for the truth of the matter asserted under the hearsay rule?+
A statement is offered for its truth when the proponent seeks to establish that the events or conditions described actually occurred. The inquiry focuses on the purpose for which the evidence is introduced rather than the literal words spoken.
Supporting sources
What makes a misrepresentation fraudulent in contract law?+
A misrepresentation is fraudulent when the maker lacks the confidence stated or implied in the truth of the assertion. The test examines the speaker's subjective state of mind at the time the statement was made.
When does reliance on a false statement create tort liability for physical harm?+
Liability arises when the actor intends or should realize that the statement will induce action involving an unreasonable risk of harm and the recipient acts in reliance upon the truth of the representation. The harm must result directly from that reliance.
Supporting sources
What standard governs a lawyer's public statements about a judicial candidate?+
A lawyer may not make a statement known to be false or made with reckless disregard as to its truth or falsity concerning the qualifications or integrity of a judicial candidate. The rule protects the integrity of the judicial selection process.
Supporting sources
When may an expert rely on a non-testifying analyst's report without violating confrontation rights?+
An expert may rely on such a report when it is not admitted for its truth but only to explain the basis of the expert's opinion and when the report was not prepared primarily to accuse a targeted individual. The distinction turns on the purpose of admission.
Supporting sources
How are court-ordered genetic testing results treated as evidence of parentage?+
A report of genetic testing ordered by the court is admissible as evidence of the truth of the facts asserted in the report. The statute creates a direct pathway for the report to establish the genetic relationship without additional foundational proof.
Supporting sources
truth
, general…
. Family groups are mobile today, and not all family units are internally stable and well-disciplined. Family groups with two or more cars are not unfamiliar. And so far as intensity of use…
. Accordingly, where the ground for asserting privilege as to materials subpoenaed for use in a criminal trial is only the generalized interest in confidentiality, it cannot prevail over…
EvidencePresentation of evidence · Introduction of evidenceUBEIntermediate