New York State Private Investigator Practice Exam

What are res gestae in legal terms?

1. Deliberate acts of the parties involved in a case

2. Circumstances incidental to an act that are admissible in court

3. Formal statements made during a trial

4. Aft which are unrelated to the act being litigated

The correct answer is: Circumstances incidental to an act that are admissible in court

Res gestae, a Latin term meaning "things done," refers to the circumstances or events that are incidental to an act and can provide context or relevance in legal proceedings, thereby being admissible in court. This concept allows for the inclusion of certain statements, actions, or circumstances that occur at the same time as the main event in question, providing a fuller picture of what transpired. For example, if a witness hears a statement made during the commission of a crime, that statement may be considered part of res gestae and thus admissible as evidence because it directly relates to the act being litigated. This principle helps to clarify the events surrounding an incident, allowing for a more complete understanding of the situation as it unfolded. Other options are less appropriate in this context. Deliberate acts by the parties involved may not encompass the broader, spontaneous actions or statements relevant to the incident. Formal statements made during a trial do not fit the definition as they represent a processed response rather than the incidental circumstances. Lastly, actions unrelated to the act being litigated do not qualify as res gestae since they lack direct relevance to the event in question.