Hearsay Evidence - Law Dictionary Search Results
Home Dictionary Name: hearsay evidence Page 1 of about 851 results (0.004 seconds)Hearsay evidence
Hearsay evidence. It is a general principle in the law of evidence that if any fact is to be proved against anyone, it ought to be proved in his presence by the testimony of a witness sworn to speak the truth; and the reason of the rule is, that the person who is to be affected by the evidence ought to have an opportunity of interrogating the witness as to his means of knowledge, and concerning all the particulars of his statement. Hearsay evidence (whether spoken or written) of a fact, therefore, is not admissible. And this rule is extended to affidavits, which, except on interlocutory motions, when statements as to belief with the grounds thereof are admissible, must be confined to facts which the deponent can prove of his own knowledge [(English) R.S.C. 1883, Ord. XXXVIII.,r. 3].Among the exceptions to the general rule as to the inadmissibility of hearsay evidence are the follow-ing: (1) dying declarations; (2) hearsay in questions of pedigree; (3) hearsay on questions of public rig...
hearsay evidence
hearsay evidence see evidence ...
Evidence
Evidence, proof, either written or unwritten, of allegations in issue between parties.Something (including testimony, documents and tangible objects) that tends to prove or disprove the existence of an alleged fact, Black's Law Dictionary, 7th Edn., p. 575.The leading rules of evidence are the following:-(1) The sole object and end of evidence is to ascertain the truth of the several disputed facts or points in issue; and no evidence ought to be admitted which is not relevant to the issues. As to when evidence of collateral facts is admissible, see Hales v. Kerr, (1908) 2 KB 601; Butterley Co. v. New Hucknall Colliery Co., (1909) 1 Ch 37. As to acts showing a continuous course of conduct, see R. v. Mortimer, 25 Cr App Cas 150.(2) The point in issue is to be proved by the party who asserts the affirmative; according to the maxim affirmanti non neganti incumbit probatio. See BURDEN OF PROOF.(3) It will be sufficient to prove the substance of the issue.(4) The best evidence must be given ...
res gestae
res gestae [Latin, things done, deeds] 1 : the acts, facts, circumstances, statements, or occurrences that form the environment of a main act or event and esp. of a crime and are so closely connected to it that they constitute part of a continuous transaction and can serve to illustrate its character [the decedent's statement…was too far removed in time and place to be admissible as part of the res gestae "Lynch v. State, 552 N.E.2d 56 (1990)"] 2 a : an exception or set of exceptions to the hearsay rule that permits the admission of hearsay evidence regarding excited utterances or declarations relating to mental, emotional, or bodily states or sense impressions of a witness or participant compare dying declaration and spontaneous declaration at declaration, excited utterance NOTE: Res gestae in common law encompassed a variety of different exceptions to the hearsay rule, but most modern rules of evidence (as the Federal Rules of Evidence) have abandoned use of res gestae and...
Dying declaration
Dying declaration, The dying declaration is a state-ment by a person as to the cause of his death or as to any of the circumstances of the transaction which resulted in his death and it becomes relevant under s. 32(1) of the Indian Evidence Act in a case in which the cause of that person's death comes into question. It is true that a dying declaration is not a deposition in court and it is neither made on oath nor in the presence of the accused. It is, therefore, not tested by cross-examination on behalf of the accused. But a dying declaration is admitted in evidence by way of an exception to the general rule against the admissibility of hearsay evidence, on the principle of necessity, Tapinder Singh v. State of Punjab, (1970) 2 SCC 113: AIR 1970 SC 1566: (1971) 1 SCR 599.(ii) a dying declaration stands on the same footing as any other evidence and it is to be judged in the surrounding circumstances and with reference to the principles governing the weighting of evidence. The court mus...
Rape
Rape, extends also to the forcible sexual intercourse by a woman with a man, as well as the offence of rape as defined in the Indian Penal Code speaks only of forcible sexual intercourse by a man with a woman, Anil Kumar Mahsi v. Union of India, (1994) 5 SCC 704.Rape, is the carnal knowledge of any woman, above the age of particular years, against her will; or of a woman child, under that age, with or against her will' (Hale PC 628).Rape, or 'raptus' is when a man hath carnal knowledge of a woman by force and against her will (Co-Litt. 123-b).The offence of rape in its simplest term is 'the ravishment of a woman, without her consent, by force, fear or fraud', or as 'the carnal knowledge of a woman by force against her will'. 'Rape' or 'raptus' is when a man hath carnal knowledge of a woman by force and against her will (Co. Litt. 123-b); or as expressed more fully, 'rape is the carnal knowledge of any woman, above the age of particular years, against her will; or of a woman child, unde...
hearsay
hearsay : a statement made out of court and not under oath which is offered as proof that what is stated is true called also hearsay evidence ...
Pedigree
Pedigree [fr. per and degre, Fr.-Skinner], genealogy; lineage; account of descent. Falsifying a pedigree, upon which title does or may depend, is punishable under the (English) Law of Property Amendment Act, 1859, s. 24, now L.P. Act, 1925, s. 183 (1) (b); and see the Forgery Act, 1913. As to the admissibility of hearsay evidence in questions of pedigee, see Taylor on Evidence, s. 571; Hubback on Succession, p. 648; and see ACCESS....
Residuum rule
Residuum rule, means the principle that an agency decision based partly on hearsay evidence will be upheld on judicial review only if the decision is founded on at least some competent evidence, Black's Law Dictionary, 7th Edn., p. 1311...
state of mind exception
state of mind exception : an exception to the hearsay rule that allows the use of hearsay evidence regarding the state of mind of the declarant (as in a statement of intent or motive) ...
- << Prev.
- Next >>