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Common Reputation



Common Reputation
Is the definite opinion of the community in which the fact to be proved is known or exists.

It means the general or substantially undivided reputation, as distinguished from a partial or qualified one, although it need not be unanimous.

The general or substantially undivided reputation although it need not be unanimous. It is the definite opinion of the community in which the fact to be proved is known or exists.


Admissible Evidence Under This Exception
1. Common reputation existing previous to the controversy, respecting facts of public or general interest more than 30 years old, or respecting marriage or moral character
2. Monuments and inscriptions in public places as evidence of  common reputation.


Reputation
The opinion of a person by others.

Under this section, the character of a person is permitted to be established by his common reputation.

The character of a place as an opium joint may be proved by its common reputation in the community.(US v. Chua Chiok)


Character
The inherent qualities of a person.


The Following May Be Established By Common Reputation:
1. Matters of public interest more than 30 years old
2. Matters of general interest more than 30 years old
3. Matters respecting marriage or moral character and related facts
4. Individual moral character


As a general rule, the reputation of a person should be that existing in the place of his residence; it may also be that existing in the place where he is best known.


Evidence Of Negative Good Repute
Where the foundation proof shows that the witness was in such position that he would have heard reports derogatory to one’s character, the reputation testimony may be predicated on the
absence of reports of bad reputation or on the fact that the witness heard nothing against the person.

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Bigwas

My friends call me Bigwas, I have a degree in Law and Criminology, not English but Internet marketing and Web developing is what I do and I love to blog. I hope you learn something from my blog.

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