HEARSAY EVIDENCE Meaning and
Definition
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Hearsay evidence refers to an oral or written statement made by a person who is not present in court, but rather reported by another person who testifies about what they heard from the original speaker. As a concept commonly used in legal proceedings, hearsay evidence is generally considered to be unreliable and is often excluded from being presented in court due to its lack of firsthand knowledge or direct observation.
Hearsay evidence can take various forms, such as rumors, gossip, out-of-court statements, or spoken assertions made outside the courtroom. This type of evidence is viewed as indirect or secondhand information since it relies on the credibility and accuracy of the person relaying the statement, rather than the original source. Courts tend to question its reliability as it can be easily distorted, misinterpreted, or influenced by biases.
The guiding principle for the exclusion of hearsay evidence is grounded in the pursuit of fairness and accuracy in legal proceedings. The rationale behind this principle is to restrict the admission of evidence that cannot be subjected to cross-examination or evaluated for its truthfulness. Exceptions to the hearsay rule may exist in certain circumstances, such as statements made under particular guarantees of trustworthiness, statements containing spontaneous declarations made under stress, or statements made for medical diagnoses or treatment purposes.
In essence, hearsay evidence lacks the firsthand knowledge and direct observation necessary to provide a reliable and accurate assessment of the matter at hand. Its exclusion aims to preserve the integrity and fairness of legal proceedings by emphasizing the importance of presenting evidence directly from the original source.
Common Misspellings for HEARSAY EVIDENCE
- gearsay evidence
- bearsay evidence
- nearsay evidence
- jearsay evidence
- uearsay evidence
- yearsay evidence
- hwarsay evidence
- hsarsay evidence
- hdarsay evidence
- hrarsay evidence
- h4arsay evidence
- h3arsay evidence
- hezrsay evidence
- hesrsay evidence
- hewrsay evidence
- heqrsay evidence
- heaesay evidence
- headsay evidence
- heafsay evidence
Etymology of HEARSAY EVIDENCE
The term "hearsay evidence" can be broken down into two components: "hearsay" and "evidence".
- "Hearsay" comes from the Middle English term "heresay" which was derived from the Old French phrase "hersay" meaning "something heard". It was formed by combining the Old French words "oïr" (to hear) and "say" (a form of speech). The term "hearsay" originated in the 14th century and referred to information or statements that were heard from another person or source rather than witnessed firsthand.
- "Evidence" comes from the Latin word "evidentia" which means "obviousness" or "clearness". It also incorporates the Latin verb "videre" meaning "to see".
Similar spelling words for HEARSAY EVIDENCE
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