Hearsay (Ch. 5)

Question 1

A statement, originally made out of court, that is repeated in court for the truth of its contents (define)

Answer 1

Hearsay

Question 2

Why is hearsay generally not accepted as evidence?

Answer 2

Reliability cannot be tested and examined in the same way first-hand evidence can

Question 3

When is hearsay accepted as evidence?

Answer 3

In some tribunals and in courts, when it meets a specific exception - principled approach

Question 4

What are the 4 concerns regarding hearsay that the court identified in R v Baldree?

Answer 4

• perception
• memory
• narration
• sincerity

Question 5

Be able to ensure a person is giving evidence under oath, is observed by the trier of fact (assessing body language, etc), and the opposing party has an opportunity to cross-examine helps ensure what in witnesses?

Answer 5

Reliability

Question 6

The follow describe what:
1. is the proposed evidence a statement originally made outside the courtroom?
2. is it being submitted in court to show that what was said is true?
3. is the maker of the statement not available to be cross-examined in the proceeding?

Answer 6

The Test for Hearsay

Question 7

In what situation is an out-of-court statement not considered hearsay?

Answer 7

If the statement is not being admitted to prove it was true - a statement showing the effect on the person or state of mind
e.g. your captors say they will kill you - it is not hearsay to prove your state of mind was that you really thought you would be killed

Question 8

An action, behaviour, or course of conduct that conveys information to others either expressly or by implication is what type of statement?

Answer 8

An implied statement