TERMIUM Plus®
The Government of Canada’s terminology and linguistic data bank.
PRESENT RECOLLECTION [1 record]
Record 1 - internal organization data 2013-09-11
Record 1, English
Record 1, Subject field(s)
- PAJLO
- Law of Evidence
Record 1, Main entry term, English
- present recollection
1, record 1, English, present%20recollection
correct
Record 1, Abbreviations, English
Record 1, Synonyms, English
- present memory 2, record 1, English, present%20memory
correct
Record 1, Textual support, English
Record number: 1, Textual support number: 1 CONT
Although the witness would be unable to testify about the events, the writing itself may be admissible as evidence of its contents, if the witness can lay a foundation by establishing the criteria for "past recollection recorded". The four requirements are: (a) the witness must have had first hand knowledge of the event; (b) the written memorandum must be an original memorandum made at or near the time of the event while the witness had a clear and accurate memory of it; (c) the witness must lack a present recollection of the event; and (d) the witness must vouch for the accuracy of the written memorandum. 3, record 1, English, - present%20recollection
Record number: 1, Textual support number: 2 CONT
Clearly something used to revive a witness's present recollection is not itself evidence of the event recalled but a mere catalyst; the evidence is the witness's oral testimony based on his newly-revived memory. (Schiff, Evidence in the Litigation Process, p. 190) 2, record 1, English, - present%20recollection
Record number: 1, Textual support number: 3 CONT
The witness must testify from his present memory of the event and not from the contents of a writing used to revive it. 3, record 1, English, - present%20recollection
Record 1, French
Record 1, Domaine(s)
- PAJLO
- Droit de la preuve
Record 1, Main entry term, French
- mémoire actuelle
1, record 1, French, m%C3%A9moire%20actuelle
correct, feminine noun, standardized
Record 1, Abbreviations, French
Record 1, Synonyms, French
Record 1, Textual support, French
Record number: 1, Textual support number: 1 OBS
mémoire actuelle : terme normalisé par le Comité de normalisation dans le cadre du Programme national de l'administration de la justice dans les deux langues officielles (PAJLO). 2, record 1, French, - m%C3%A9moire%20actuelle
Record 1, Spanish
Record 1, Textual support, Spanish
Copyright notice for the TERMIUM Plus® data bank
© Public Services and Procurement Canada, 2024
TERMIUM Plus®, the Government of Canada's terminology and linguistic data bank
A product of the Translation Bureau
Features
Language Portal of Canada
Access a collection of Canadian resources on all aspects of English and French, including quizzes.
Writing tools
The Language Portal’s writing tools have a new look! Easy to consult, they give you access to a wealth of information that will help you write better in English and French.
Glossaries and vocabularies
Access Translation Bureau glossaries and vocabularies.
- Date Modified: