Construct · 1 fields · 1 citations

hearsay: a standalone construct

One name. One construct. A landmark on the map.

● anchor · a single construct (evidence law) Nearest construct by meaning·not indexed
hearsay1 CONSTRUCTHearsayMCCORMICK · 1992

A single standalone construct; nearby constructs are located against it in the Collider. Tap a field for its definition, unit, and measures.

Law of evidence

An out-of-court statement offered for its truth

In the law of evidence, hearsay is an out-of-court statement offered in court to prove the truth of what it asserts, and the ‘rule against hearsay’ generally excludes such statements because the original speaker was not under oath and cannot be cross-examined. McCormick on evidence sets out the rule, its rationale in the dangers of untested perception, memory, and sincerity, and its many exceptions, such as admissions, dying declarations, and business records. The referent is a category of evidence defined by its second-hand character and the purpose for which it is offered, central to trial procedure and far narrower than the ordinary-language meaning of mere rumour.[1]

Unit
Whether a statement is offered for the truth of what it asserts without the declarant testifying
Recovery means
Not applicable
Measured by
Determined by whether an out-of-court assertion is offered for its truth and whether a recognised exception applies

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Nearby constructs

business1 fields · 1 citationsanchor · a standalone constructcategory4 fields · 4 citationsjingle · one word, four constructscharacter4 fields · 4 citationsjingle · one word, four constructs

References

  1. Strong, J. W. (Ed.). (1992). McCormick on evidence (4th ed.). West Publishing. ISBN 9780314903501

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