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Legal Definitions - assertion

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Definition of assertion

Definition: Assertion is a statement or declaration made by a person through speaking, writing, or acting with the intention of expressing a fact or opinion.

Examples:

  • A witness in court making a statement about what they saw or heard.
  • A journalist writing an article expressing their opinion on a political issue.
  • A person pointing their finger to identify a suspect in a police lineup.

The examples illustrate how assertion involves expressing a fact or opinion through various means such as speaking, writing, or nonverbal behavior like pointing. It is important to note that assertion can be admissible as evidence in court if it meets certain criteria, such as being a statement under the hearsay rule.

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Simple Definition

An assertion is when someone says or does something to express a fact or opinion. It can be speaking, writing, or even just their behavior. Sometimes, if someone points or gestures to show something, that can also be an assertion. However, if someone faints or does something unintentional, that is not an assertion. Sometimes, if someone's behavior is really bad or dangerous, it can be called wrongful conduct.

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If we desire respect for the law, we must first make the law respectable.

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