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Saturday, October 31, 2009

What the meaning of Law Hear say?

so i was just looking at law %26 order and the ruling was hear say

What does this mean???
Answers:
Hearsay happens when a witness recites an statement made outside of court by another person for the purpose of proving the statement is true. Example: Joe is on trial for the murder of Susan. Mary testifies that Joe told her Joe saw Bill kill Susan. It is not acceptable as evidence because it is too unreliable. It is hearsay.
However, there are dozens of hearsay exceptions. Joe can testify Bill told Joe that Bill killed Susan. It is still hearsay, but it is allowed because it is a statement made by a party against his own interest Bill is the party on trial for murder, he made the statement to Joe, and that statement is against his own interests).
Hearsay is one of the most complicated part of the evidence code.
Hearsay is second-hand information. For example, if you testify "Bob told me he saw Joe shoot Sam", that's hearsay.
http://faculty.ncwc.edu/toconnor/405/405...
"Everyone knows" something is the truth, but did not personally witness it.
or we hear one person saying something, do not know if it is true or not from any personal witnessing, and we repeat it as if it is true.
We do this with news media all the time.
We see something on TV news, assume the reporter and TV station did their job properly, so it must be true.
In court, we are supposed to limit our testimony to what we know for a fact because we personally witnessed it in person.
Seeing it on TV news, on Internet, in e-mail, in a phone conversation from someone else that does not count.
Hearsay is hearing or reading some allegation, and saying that it is true, when we have no way of knowing whether or not it is really true.
Hearsay is an evidentiary rule which says you cannot testify to what you did not yourself witness. It's a little more complicated than that because there are always exceptions, but if, for example, someone says to me, "Joe robbed the bank!" I cannot testify that Joe robbed the bank. That person can, but I can't.
If someone, however, said "Joe robbed the bank!" and I went and saw Joe driving off really fast with a big bag with 20s sticking out of it, I could testify to that, but not to the statement itself. It's actually kind of tricky, the witness has to say something to the effect of "I became aware that the bank was being robbed. I then went to the bank, and witnessed X, Y, and Z."
If defense counsel is stupid enough to then ask how you became aware, the door is opened, and you can answer something like, "Jim told me so."
Hearsay is, essentially, a rule against using second-hand information to prove a fact.
Here is an example. It is a little long, but you will really know your stuff if you read it.
Al and Bill have a car accident. Bill's car was not damaged, but Al's car was; neither one got hurt. As Bill was passing in the lane to Al's left, Bill's right front bumper hit Al's rear left bumper and caused him to lose control and sideswipe a telephone pole.
Bill says that he is not at fault because Al suddenly changed lanes without looking; Al denies this, and is suing Bill for the car repair.
Doris saw the accident. Edna didn't see it, but she talked about it with Doris.
At trial, Al's lawyer wants Edna to testify that Doris told her that Bill was adjusting at his radio and weaving in and out of his lane. This would be inadmissible hearsay. Doris should testify about what she saw.
However . . . If Doris testifies that she saw Bill watching the road and staying in his lane, Al's lawyer could then call Edna to testify that Doris said he was adjusting his radio and weaving, that would be admissible.
The difference is in trying to prove that Bill was weaving. In the first part, Edna's testimony was to be used to prove the fact. In the second part, Edna's testimony is to be used to undermine Doris' credibility.
Keep in mind that like most everything in law, there are exceptions and other twists to this rule.

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