hearsay evidence
Học thuậtThân thiện
Definition
Noun: - Secondhand testimony: Evidence presented in court that is based on what a witness has heard from another person, rather than on the witness's own direct observation or knowledge. It is typically not admissible because its truthfulness cannot be verified through cross-examination of the original source.
Usage
- Hearsay evidence is often excluded from trials because it is considered unreliable.
- The attorney objected to the statement, calling it inadmissible hearsay evidence.
- The judge must rule on whether the hearsay evidence falls under a legal exception.
Advanced Usage
- "Hearsay rule": The fundamental rule of evidence that prohibits the admission of hearsay statements in court, subject to specific exceptions.
- The prosecution argued that the dying declaration was an exception to the hearsay rule.
- "Double hearsay" or "hearsay upon hearsay": A statement that reports what another person said about what a third person said. It is even less likely to be admissible.
- The letter, which quoted a friend recounting the defendant's words, was dismissed as double hearsay.
Variants and Related Words
- Hearsay (n): Information received from other people that one cannot adequately substantiate; rumor.
- The news was based on hearsay and not confirmed facts.
- Non-hearsay (n/adj): A statement offered for a purpose other than to prove the truth of the matter asserted, such as to show the listener's state of mind. Such statements are not subject to the hearsay rule.
- The threat was admitted as non-hearsay to explain why the witness fled.
Synonyms
- Secondhand information: Information obtained indirectly from someone else.
- Rumor: A currently circulating story or report of uncertain or doubtful truth.
Related Phrases
- "To fall under a hearsay exception": To meet the criteria of a legally defined situation where hearsay evidence is allowed (e.g., a business record, excited utterance, or statement against interest).
- The old diary entry was admitted into evidence as it fell under the hearsay exception for ancient documents.
Noun
- evidence based on what someone has told the witness and not of direct knowledge