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LSDefine

Simple English definitions for legal terms

hearsay

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A quick definition of hearsay:

Hearsay is when someone says something outside of court, and then someone else repeats it in court to try to prove it's true. This is usually not allowed because it's hard to know if the person who said it originally was telling the truth. However, there are some exceptions. For example, if someone says something right after a scary event, it might be allowed because they probably didn't have time to make up a lie. Also, if someone says something that makes them look bad, it might be allowed because they probably wouldn't lie about something that hurts them. But even with these exceptions, the judge gets to decide if the hearsay can be used as evidence.

A more thorough explanation:

Hearsay is when someone tells you something they heard from someone else, and you can't be sure if it's true or not. In court, hearsay is when someone tries to use what someone else said as evidence to prove something is true. This is usually not allowed because the person who said it isn't there to answer questions and prove they're telling the truth.

There are some exceptions to the hearsay rule:

  • Excited utterance: This is when someone says something during a scary or shocking event, and it's assumed they're telling the truth because they're too overwhelmed to lie. For example, if someone witnesses a crime and immediately says who did it, that statement might be allowed in court.
  • Statements against interest: This is when someone says something that makes them look bad or hurts their own case. It's assumed they wouldn't say something like that if it wasn't true. For example, if someone admits to doing something illegal, that statement might be allowed in court.
  • Matter of record: This is when an official document or record is used as evidence. For example, if a police report says someone confessed to a crime, that report might be allowed in court.

It's important to remember that even with these exceptions, the judge can decide whether or not to allow hearsay evidence in court.

hearing | hearsay rule

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