FL03 - Rules of evidence Flashcards
1
Q
Definition of Hearsay evidence
A
The oral or written statement of a person who is not produced as a witness in court
AND
The statement is given to the court by another person, or in a document.
AND
The purpose of the evidence is to prove the truth of what has been stated.
2
Q
When is Hearsay evidence admissible in court
A
The person is unavailable
or
it would cause undue expense or delay in obtaining the witness.
3
Q
Reliability of hearsay statement
A
Contents of the statement How the statement was made Accuracy of the observation Nature of the statement Truthfulness of the maker of the statement
4
Q
Propensity evidence definition
A
Evidence that tends to show a persons propensity (tendency) to act in a particular way or to have a particular state of mind.
