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Simple English definitions for legal terms
res gestae
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A quick definition of res gestae:
Res gestae means "things done" or "things transacted" in Latin. It refers to events or circumstances that are related to a particular issue. In the past, courts used this term to allow hearsay evidence, but now there are specific rules that limit what can be considered res gestae.
A more thorough explanation:
Definition: Res gestae is a Latin term that means "things done" or "things transacted." It refers to the events or circumstances at issue, as well as other events that are contemporaneous with or related to them.
Res gestae was previously used in courts to admit otherwise inadmissible hearsay. For example, if a person said something during an exciting or stressful event, their statement could be considered part of the res gestae and therefore admissible in court. However, this term is not used much now.
In evidence law, the Federal Rules of Evidence have specific rules that encompass and limit what was previously used as res gestae. These rules include:
- Rule 803(1) - "present sense impression"
- Rule 803(2) - "excited utterance"
- Rule 803(3) - "declaration of existing physical condition"
- Rule 803(4) - "declaration of past physical condition"
For example, if a person is in a car accident and immediately says "I didn't see the other car coming," that statement could be considered an excited utterance and therefore admissible in court as part of the res gestae.