The Rule Against Hearsay
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The Law Of Hearsay Evidence
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Author : John Bevan Coulson Tregarthen
language : en
Publisher:
Release Date : 1915
The Law Of Hearsay Evidence written by John Bevan Coulson Tregarthen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1915 with Evidence (Law) categories.
The Rule Against Hearsay
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Author :
language : en
Publisher:
Release Date : 1980
The Rule Against Hearsay written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1980 with Evidence (Law) categories.
The Rule Against Hearsay
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Author : LandMark Publications
language : en
Publisher:
Release Date : 2017-02
The Rule Against Hearsay written by LandMark Publications and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-02 with categories.
THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze, interpret and discuss the rule against hearsay and its exceptions. The selection of decisions spans from 2013 to the date of publication.A proponent of hearsay evidence must establish five elements in order to satisfy Rule 807: "(1) circumstantial guarantees of trustworthiness; (2) materiality; (3) probative value; (4) the interests of justice; and (5) notice." United States v. Ochoa, 229 F.3d 631, 638 (7th Cir. 2000) (citing United States v. Hall, 165 F.3d 1095, 1110 (7th Cir. 1999)). US v. Moore, (7th Cir. 2016).Rule 807 provides that a hearsay statement is not excluded by the rule against hearsay, even if not covered by an exception in Rule 803 or 804, if the statement (1) has "equivalent circumstantial guarantees of trustworthiness" to statements admitted under the enumerated exceptions, (2) is offered as evidence of a material fact, (3) is more probative on the point offered than any other reasonably available evidence, and (4) will best serve the general purposes of the rules of evidence and the interests of justice. We have said that this exception to the rule against hearsay "was necessary to permit courts to admit evidence in exceptional circumstances where the evidence was necessary, highly probative, and carried a guarantee of trustworthiness equivalent to or superior to that which underlies the other recognized exceptions." United States v. Renville, 779 F.2d 430, 439 (8th Cir. 1985). US v. Stoney End of Horn, (8th Cir. 2016). * * *"[P]rior inconsistent statements by a witness are not hearsay and are competent as substantive evidence if the declarant testifies at trial and is subject to cross-examination concerning the statement, and the prior inconsistent statement was given under oath at a 'trial, hearing, or other proceeding.'" United States v. Wilson, 806 F.2d 171, 175-76 (8th Cir. 1986) (quoting Fed. R. Evid. 801(d)(1)(A)). "The district court has considerable discretion in determining whether prior statements are inconsistent with trial testimony." United States v. Matlock, 109 F.3d 1313, 1319 (8th Cir. 1997) (citing United States v. Russell, 712 F.2d 1256, 1258 (8th Cir. 1983) (per curiam); United States v. Thompson, 708 F.2d 1294, 1302 (8th Cir. 1983) ("The district court should have considerable discretion to determine whether evasive answers are inconsistent with statements previously given." (citation omitted))). US v. Dean, (8th Cir. 2016). * * *Federal Rule of Evidence 801 provides that a statement offered against a party is not hearsay if the statement was "made by the party's coconspirator during and in furtherance of the conspiracy." Fed. R. Evid. 801(d)(2)(E). Statements can further the conspiracy in a number of ways. "Some examples include comments designed to assist in recruiting potential members, to inform other members about the progress of the conspiracy, to control damage to or detection of the conspiracy, to hide the criminal objectives of the conspiracy, or to instill confidence and prevent the desertion of other members." Johnson, 200 F.3d at 533. A coconspirator's statement may satisfy the "in furtherance" requirement even if the statement was not "exclusively, or even primarily, made to further the conspiracy." United States v. Cruz-Rea, 626 F.3d 929, 937 (7th Cir. 2010). US v. Elder, (7th Cir. 2016).
Report On The Rule Against Hearsay
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Author :
language : en
Publisher:
Release Date : 1978
Report On The Rule Against Hearsay written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1978 with categories.
The Rule Against Hearsay
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Author : Landmark Publications
language : en
Publisher: Independently Published
Release Date : 2021-10-20
The Rule Against Hearsay written by Landmark Publications and has been published by Independently Published this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-20 with categories.
THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze, interpret, and discuss the rule against hearsay. See Fed. R. Evid. 802-807. Volume 1 of the casebook covers the District of Columbia Circuit and the First through the Sixth Circuit Court of Appeals. Hearsay is an out-of-court statement that is inadmissible at trial to establish the truth thereof. See FED. R. EVID. 801(c) (defining hearsay); FED. R. EVID. 802 (hearsay generally inadmissible). The hearsay rule is rooted in the belief that an out-of-court statement lacks necessary assurances of veracity. See Williamson v. United States, 512 U.S. 594, 598, 114 S.Ct. 2431, 129 L.Ed.2d 476 (1994) ("The hearsay rule ... is premised on the theory that out-of-court statements are subject to particular hazards."). With any statement, a "declarant might be lying; he might have misperceived the events which he relates; he might have faulty memory; [or] his words might be misunderstood or taken out of context by the listener." Id. To avoid these shortcomings, our judicial system chooses in-court statements that can be tested by "the oath, the witness' awareness of the gravity of the proceedings, the jury's ability to observe the witness' demeanor, and, most importantly, the right of the opponent to cross-examine." Id. Admitting hearsay would prevent opposing parties, and our judicial system as a whole, from using these checks. United States v. Evans, 216 F.3d 80, 85 (D.C. Cir. 2000) ("The problem with hearsay is that it deprives the defendant of the opportunity to cross-examine the person who uttered the statement at issue."). "Nonetheless, the Federal Rules of Evidence also recognize that some kinds of out-of-court statements are less subject to these hearsay dangers, and therefore except them from the general rule that hearsay is inadmissible." Williamson, 512 U.S. at 598, 114 S.Ct. 2431. The enumerated exceptions apply to hearsay that possesses certain guarantees of trustworthiness. See FED. R. EVID. 803-04 (enumerating exceptions and exclusions to hearsay rule). US v. Slatten, 865 F. 3d 767 (DC Cir. 2017)
The Rule Against Hearsay And The Evidence Act 1950
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Author : Mohd. Akram Haji Shair Mohamed
language : en
Publisher:
Release Date : 1990
The Rule Against Hearsay And The Evidence Act 1950 written by Mohd. Akram Haji Shair Mohamed and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1990 with Evidence, Hearsay categories.
The Rule Against Hearsay
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Author : Afridah binti Abas
language : en
Publisher:
Release Date : 2008
The Rule Against Hearsay written by Afridah binti Abas and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Evidence, Hearsay categories.
The rule against hearsay has been traditionally regarded as one of the most fundamental and at the same time most confusing of the law of evidence. Accordingly, there exist uncertainties with regards to the scope of the rule, which resulted to a very relevant and significant evidence may be shut out just because it infringes the hearsay rule. Even though there is no statutory definition of hearsay evidence, the court in Malaysia recognized the rule against hearsay as applicable in Common Law. The thesis analyzes the nature and the scope of the hearsay rule under the Malaysian Law. The main aim of the study is to analyze the admissibility of the hearsay evidence as provided by the Malaysian Evidence Act 1950. The study examines the provisions provided for the exceptions of the hearsay rule in order to look to the sufficiency of such provisions in ensuring the relevant evidence will be admissible. The examination extends to the cases decided by the court in Malaysia. Reference is made to the cases which have been decided in common law as well as other commonwealth countries whenever appropriate. The study includes the examination on the rule against hearsay under Islamic Law. The thesis examines shahddah as one way of proof in Islamic law, the conditions for its admissibility, the admissibility of shahddah 'aid shahddah and shahddah bi al-tasdmu', the conditions for the acceptance and the number of witnesses required to give such evidence. As Malaysia has dual-courts system, the study extends the examination on the admissibility of hearsay evidence under the Syariah Court Evidence Enactments/Act and its application in the Syariah Court. The thesis evidently proves that, the existing provisions in the Malaysian Evidence Act 1950 on the admissibility of hearsay evidence should be broadened. The thesis also reveals that even though the hearsay rule should remains inadmissible, the court should be given a wide power to look to the weight of the hearsay evidence in order to determine whether it is admissible or not.
The Rule Against Hearsay In Civil Cases
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Author : Ireland. Law Reform Commission
language : en
Publisher:
Release Date : 1988
The Rule Against Hearsay In Civil Cases written by Ireland. Law Reform Commission and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988 with Evidence, Hearsay categories.
Report On The Rule Against Hearsay
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Author : New South Wales. Law Reform Commission
language : en
Publisher:
Release Date : 1978-01-01
Report On The Rule Against Hearsay written by New South Wales. Law Reform Commission and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1978-01-01 with Evidence, Hearsay categories.
Hearsay Evidence In Criminal Proceedings
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Author : J R Spencer
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-11-01
Hearsay Evidence In Criminal Proceedings written by J R Spencer and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-11-01 with Law categories.
The Criminal Justice Act 2003 re-wrote the hearsay evidence rule for the purpose of criminal proceedings, enacting the recommendations of the Law Commission together with some proposals from the Auld Review. In 2008, Professor Spencer wrote a book explaining the new law, intended for practitioners as well as academics. Following the style of his earlier book about the new law on bad character evidence, the core of the hearsay book was a section-by-section commentary on the relevant provisions of the Act, discussing the case law that had interpreted them. Since the appearance of the first edition, the new law on hearsay evidence has been the subject of a spectacular exchange between the UK Supreme Court and the European Court of Human Rights, the effects of which the Court of Appeal has interpreted in several leading cases. In this new edition, the commentary is revised to take account of these developments. As in the first edition, the commentary is preceded by chapters on the history of the hearsay rule, and the requirements of Article 6(3)(d) of the European Convention on Human Rights. It is followed by an appendix containing the text of the statutory provisions and a selection of the leading cases.