extrajudicial
extrajudicial a. 法庭外的;诉讼外的;正常司法程序之外的;超出法庭职权的;法庭管辖之外的
Evidence that does not come directly under judicial cognizance but nevertheless constitutes an intermediate link between judicial evidence and the fact requiring proof. • It includes all facts that are known to the tribunal only by way of inference from some form of judicial evidence. See JUDICIAL NOTICE. Cf. judicial evidence.
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An admission made outside court proceedings.
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An oath that, although formally sworn, is taken outside a legal proceeding or outside the authority of law. — Also termed nonjudicial oath.
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Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents. An international convention, concluded on November 15, 1965, governing procedures for effecting service of process in a foreign country. • More than 35 countries are parties to the convention, including the United States. [Cases: Federal Civil Procedure 462; Process 83; Treaties 1. C.J.S. Process
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A confession made out of court, and not as a part of a judicial examination or investi-gation. • Such a confession must be corroborated by some other proof of the corpus delicti, or else it is insufficient to warrant a conviction. Cf. judicial confession.
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extrajudicial confession 庭外供述;诉讼外的供述 当事人在法庭外所作的有罪供述,或在正常的司法调查或讯问程序以外对他人(包括有关官员)所作的有罪供述。此类供认必须有其他证据佐证,否则不足以定罪 。(→confession)
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extrajudicial statement. Any utterance made outside of court. • It is usu. treated as hearsay under the rules of evidence. [Cases: Evidence 314. C.J.S. Evidence § 259.]
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extrajudicial identification 庭外辨认 指审讯前在法庭外作出的辨认。如果从作出辨认当时的情况来看值得信任时,这种辨认的结果也可被作为证据采用。
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extrajudicial oath 诉讼外宣誓;庭外宣誓 指不是在正常的司法程序中作出的宣誓,或非法律所认可的宣誓。这样的宣誓即使是在有关人员面前正式作出的,对宣誓人仍无拘束力。
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