Hearsay Evidence - Law Dictionary Search Results
Home Dictionary Name: hearsay evidence Page: 2exclude
exclude ex·clud·ed ex·clud·ing 1 : to prevent or restrict the entry or admission of [ hearsay evidence] 2 : to remove from participation, consideration, or inclusion (as in insurance coverage) [the excluded perils include acts of war] ...
hearsay rule
hearsay rule : a rule barring the admission of hearsay as evidence NOTE: The hearsay rule is stated in Rule 802 of the Federal Rules of Evidence. Hearsay is inadmissible as evidence because of the unavailability of cross-examination to test the accuracy of the statement. There are numerous exceptions to the rule, however, mainly for statements made under circumstances that assure reliability. Statements made spontaneously, for example, or as part of a business or medical record are inherently trustworthy and thus excepted from the rule. A statement need not be made orally for purposes of the hearsay rule. Written statements, gestures, and even motion pictures are included. ...
witness
witness [Old English witnes knowledge, testimony, witness, from wit mind, sense, knowledge] 1 a : attestation of a fact or event [in whereof the parties have executed this release] b : evidence (as of the authenticity of a conveyance by deed) furnished by signature, oath, or seal 2 : one who gives evidence regarding matters of fact under inquiry ;specif : one who testifies or is legally qualified to testify in a case or to give evidence before a judicial tribunal or similar inquiry [a before a congressional committee] [no person…shall be compelled in any criminal case to be a against himself "U.S. Constitution amend. V"] compare affiant, deponent adverse witness : a witness who is called by or associated with an opposing party or who by statement, conduct, or other evidence (as of relationship) shows bias against or is injurious to the case of the party by whom the witness is called [sought to have his witness declared an adverse witness subject to impeachment] called als...
declaration
declaration 1 : the act of declaring [ of dividends] [ of war] 2 a : the first pleading in a common-law action compare complaint, indictment b : a statement usually not under oath made by a party to a legal transaction [the attorney must later sign an affidavit or stating that he has informed the debtor "J. H. Williamson"] c : a statement not under oath being offered as evidence declaration against interest : a statement made by someone unavailable as a witness that is against that person's own interests (as pecuniary or property interests) or may subject that person to liability compare admission, confession, self-incrimination NOTE: A declaration against interest is an exception to the hearsay rule. A statement that is offered to clear the accused is not admissible without corroborating circumstances under the Federal Rules of Evidence. dy·ing declaration : a statement that is made by a person who firmly believes that he or she is about to die and has no hope of recove...
Secondary evidence
Secondary evidence, Secondary evidence means and includes:(1) Certified copies given under the provisions hereinafter contained;(2) Copies made from the original by mechanical processes which in themselves insure the accuracy of the copy, and copies compared with such copies;(3) Copies made from or compared with the original;(4) Counterparts of documents as against the parties who did not execute them;(5) Oral accounts of the contents of a document given by some person who has himself seen it. [Evidence Act, 1872 (1 of 1872), s. 63]That species of proof which is admitted on the loss of primary evidence. There are no degrees of this evidence; for example, if a letter be lost it may be as good as recite it from memory as to produce a copy. It is the province of the judge to decide whether a document produced be original or not, and until he decides it is not, no secondary evidence can be put in. See NOTICE TO ADMIT; NOTICE TO PRODUCE; HEARSAY....
past recollection recorded
past recollection recorded : a witness's written account of a past event prepared at a time when his or her memory of it was fresh ;also : an exception to the hearsay rule allowing admission of such an account into evidence if the witness has insufficient present memory of the event or has no memory of having recorded it but is confident that the account is accurate compare present recollection refreshed NOTE: A document containing a past recollection recorded may only be admitted as an exhibit if offered by an adverse party. Otherwise, it may only be read into evidence. ...
Opinion
Opinion. A technical term applied to the judgment of a Law Lord delivered in the House of Lords. Also the written advice given by counsel upon facts submitted to him. See DICTUM as to opinions expressed by judges which are not strictly relevant to the issue before them.The word 'opinion' in s. 50 of the Indian Evidence Act, 1872, means something more than mere retailing of gossip or of hearsay; it means judgment or belief, that is, a belief or a conviction resulting from what one thinks on a particular question. Such belief or conviction may manifest itself in conduct or behaviour which indicates the existence of the belief or opinion, Dolgobinda Paricha v. Nimai Charan Misra, AIR 1959 SC 914 (919): (1959) Supp 2 SCR 814. (Evidence Act, 1872, s. 20)...
admission
admission 1 : the act or process of admitting [ into evidence] 2 a : a party's acknowledgment that a fact or statement is true NOTE: In civil cases admissions are often agreed to and offered in writing to the court before trial as a method of reducing the number of issues to be proven at trial. b : a party's prior out-of-court statement or action that is inconsistent with his or her position at trial and that tends to establish guilt compare confession declaration against interest at declaration NOTE: Under the Federal Rules of Evidence an admission is not hearsay. Silence can sometimes be construed as an admission where a person would reasonably be expected to speak up. ...
present sense impression
present sense impression : an out-of-court statement that describes or explains an event or condition and that was made during or immediately after the time the event or condition was perceived ;also : an exception to the hearsay rule allowing such a statement to be entered as evidence that what was asserted in the statement is true NOTE: Present sense impressions are excepted from the hearsay rule because the immediacy of the response is considered to render the statement trustworthy. “Look out, he's got a gun,” might be considered admissible as a present sense impression. ...
prior inconsistent statement
prior inconsistent statement : a witness's statement made out of court prior to testifying that is inconsistent with the witness's testimony and that may be offered to impeach the witness's credibility compare prior consistent statement NOTE: If a prior inconsistent statement was made under oath subject to the penalties of perjury at a previous proceeding (as a deposition or grand jury hearing), the statement is not hearsay under Federal Rule of Evidence 801(d)(1) and may be offered to prove that what was asserted in the statement is true. ...
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