Hearsay

Question: hearsay~~~~? how could hearsay be used to establish probable cause for a search? what are some example? in what situation?

Answer: Hearsay is an extrajudicial (out of court) statement that is offered for its truth. For example, if I rear-end someone and when the first responders open my car door, I blurt out "It was my fault," then, if I for whatever reason tried to fight the case, the plaintiff could offer my statement into evidence. My attorney could then state "Objection, hearsay." Hearsay is the one objection that is waived if you don't explicitly say "hearsay" as part of the objection. Of course, in this case, the plaintiff's attorney would respond "Res Gestae" or "excited utterance," which is one of the most popular hearsay exceptions. Exceptions are rules that allow hearsay evidence to be received even though it's hearsay. Closely related are those special cases where the "hearsay" is not offered for its truth, but to show something else, such as the speaker's state of mind. Now as to supporting a warrant: the affiant who swears out the warrant is almost always basing his affidavit on hearsay. If you read the affidavit, it almost always begins (after the preliminaries, such as "I am a cop, shield # whatsis,") with the statement "Affiant is informed by <name of person>, whom he believes to be reliable, that there are 500 kilos of cocaine in the house located at X address." Or, more likely, that he is informed by confidential informant #X, who has provided information as to the location of drug stashes at least Y# of times accurately in the past six months, with no false reports." Why? Because the search warrant is not a trial by jury! The rules of evidence apply with full force to a jury trial, but for other proceedings, the rules of evidence are purely ones of relevance, and a judge can accept whatever evidence he wishes "for what it is worth." At the suppression hearing, counsel for the defense can try to undermine the probable cause for the warrant, or to show that the search went beyond the warrant, but the hearsay nature of the affidavit used to procure the warrant is a given.

Question: What is the difference between eye-witness testimony and hearsay? Christians claim that the 4 synoptic gospels of the NT are eye-witness testimonies. Atheists say they are at hearsay. So 2 questions: 1) Are the 4 synoptic gospels eye-witness testimony or are they hearsay? 2) What is the difference between the legal admissibility of eye-witness testimony and hearsay evidence as it pertains to finding of fact?

Answer: 1) Heresay 2) Hearsay is inadmissible. Not to mention the fact that "eye-witness testimony" is usually the most unreliable of any sort of "evidence".

Question: What is considered hearsay in the American Civil Court System? Are Judges on Court shows on TV allowed to interpret what is to them hearsay as oppossed to a real Civil Court Judge or even other show judges?

Answer: The above answers give you the basic legal definition of what qualifies as hearsay. There are two basic components of hearsay: First, it is a statement made by someone other than the witness that the witness heard. For example, I testify that I heard my neighbor say that he has a body buried in the back yard. Second, it is a statement offered for the truth of the matter. In the above example, it would be hearsay if it was offered to prove that there was a body in the backyard. If evidence had been previously introduced that there was a body in the backyard, it would not be hearsay if it was offered to prove that my neighbor knew about the body being in the backyard. As noted by the previous answers, there are many things that are considered exceptions to hearsay (mostly based on the assumption that the circumstances surrounding the statement make it reliable). In addition, there are types of statements that are considered to be non-hearsay because they are not offered for the truth of the matter. Hearsay can be a very tricky question which is why a lot of cases get reversed on appeal on hearsay issues. Obviously, tv judges are a little bit exempt from the rules of a real court judge (depending on how strictly the producers want to apply the rules). In addition, most tv judges deal with small claims cases. In small claims court, the rules of evidence are a little bit more relaxed than in a case involving a large sum of money.

Question: Can a voicemail be submited in court without being considered hearsay? My friend is going through a nasty custody battle with her ex-husband. He left her a nasty voice mail so that it would be "off the record." Is there any way to submit the voice mail or an exact copy of what he said via a form without it being considered hearsay?

Answer: That's not hearsay! That's very good news for your friend. Hearsay, is if your friend tells you what her ex said. You then try to testify that he said those things. Your testimony is hearsay because he did not say those things to you or in your presence where you could have heard it with your own ears.

Question: Why are declarations against the interests of the declarant admissible as exceptions to the hearsay rule? Why are declarations against the interests of the declarant admissible as exceptions to the hearsay rule? Give some examples.

Answer: An old principle, (goes back to Roman Law), the if the declarant hurts himself by the statment, then he must be telling the truth.

Question: What are the chances of being convicted with no evidence but hearsay? The hearsay is not from actual victim and does not show up in court? Is the person free to go?

Answer: none at all

Question: Christians what proof do you have that Jesus met Paul beside hearsay? And before you post Acts 9:3 remember that is hearsay. What proof do you have that Jesus met Paul beside what Paul claims? Does Jesus ever talk about Paul to the disciples? No he doesn't. Is there any piece of scripture informing us about the arrival of Paul? No there isn't. So how do you know that Paul met Jesus on any road beside hearsay?

Answer: The complete transformation of Paul's life. Remember He used to kill Christians? Now He is ministering God's loves to others and telling them how Christ is the way. That's what I call a complete transformation! And the other apostles testified to this, too!

Question: What do you think this Habbo Hearsay means? They are clues to 2 big evens happening next week.? This is a habbo hearsay for Habbo AU. What do you think it may mean. It is supposed to be clues for 2 big events. This is it: Peering through a window What can you see? A roasted pigs head, staring straight back at me!

Answer: Peering through a WINDOW I think is the key line here, the new version perhaps? ;) Sadly, I don't play Habbo AU much, I'm more of an SG'er, so I can't really give you an accurate answer, but the title of the article 'HEARSAY' means that Sulake want their Habbos to start all sort of rumours about this, so it could be the new release or something completely different!

Question: hearsay in a federal grand jury verses differs from its use in a state court? how does the hearsay rules work in a federal grand jury case compared to a state case?

Answer: Generally hearsay is allowed in Grand Jury testimony--but check the Federal Rules of Criminal Procedure.

Question: What is the difference between hearsay exceptions and hearsay exemptions? I know the HS exceptions but what are some examples of the exemptions? I don't need detailed information, I am just trying to sort through my evidence notes and organize them and I can't figure out which ones are the exemptions.

Answer: FRE 801(d)(2) is an exemption, as is any statement not offered for the truth of the matter asserted. These things are not hearsay. The things discussed in FRE 803 and 804 are exceptions.

Question: Why do Christians get confused with the words "witnessing and hearsay?"? I keep hearing them say they are witnessing something that (supposedly) happened 2000 years ago. I could be wrong, but I don't think anyone alive today witnessed anything from the bronze age. Don't you really mean you are just repeating hearsay?

Answer: christians eschew facts in favor of stubborn ignorance edit: oh..."witnessing" means "furthering my religion" not surprising, considering many of you also say "proof" when you mean "faith" and "fact" when you really mean "its in the bible" the semantics evidence the intellectual dishonesty that undergirds organized religion

Question: How can a prosecutor prove a hearsay situation in court beyond a reasonable doubt? Say someone was arrested then filed a complaint on someone else and that person ended up being charged for assault, how could a prosecutor prove beyond reasonable doubt in court that it's true? How do cases like this usually go?

Answer: Based on what you describe, there is no hearsay situation. Hearsay is where one person testifies as to what someone else said. However, what you describe most likely falls into a direct testimony situation. One person is testifying as to what he personally saw (the assault). That's evidence, and depending upon how credible that person's testimony is, it can be enough to support a finding of guilt.

Question: What is hearsay and why can't it be used in a court? What is hearsay? Why can't it be used in a court?

Answer: Hearsay is when you say that somebody told you something. It cannot be verified, so it's not admissible in court. Otherwise, you would be able to say anything you wanted to in order to win your case.

Question: When you say you are a Muslim and didn't learn anyhthing other than hearsay and conjecture? Did you then leave yourself open for a slamming? Have you given the atheists and non believers more power against you? Have you realized that from one seed of your ignorance that an entire field of ignorance is spawned?

Answer: alhumdullila i give more important to islam and islamic studie's but Allah(S.W.T) has never said us to not study unversity studies

Question: Is most art based more on hearsay and legend rather than actually quality? Are people like Tracey Emin and Spencer Tunick just famous for being famous? Are works like the Mona Lisa apparently disproportionately better than they actually just because everyone's heard of it?

Answer: An interesting question, and you could probably be right if you said this applies in any sphere of endeavour. Fame begets fame. the answer begs the question how do you measure what is "good" in art. If people talk about it that is one of the reasons for an artist to create, so it must be good (?). personally , I think you are right

Question: Why would you take what others say in hearsay when you could have read it yourself? Is that not the problem right there? With all religions?

Answer: yes thats the problem. And I know you are directing this question to me. but I dont mind if you say anything about me or to me. But I think this kind of things are mostly in Islam.

Question: Are they not spreading the words of 66 men in hearsay after Jesus left? How are these people that came after Jesus, Jesus?

Answer: Hi, Looks to me someone is a liar!

Question: Ramadan - What happens when a person takes hearsay information on the internet? If you cannot prove anything then thoust shall keep they trap closed inshAllah amin!

Answer: Spiderman, Spiderman, Does whatever a spider can Spins a web, any size, Catches thieves just like flies Look Out! Here comes the Spiderman. Is he strong? Listen bud, He's got radioactive blood. Can he swing from a thread Take a look overhead Hey, there There goes the Spiderman. In the chill of night At the scene of a crime Like a streak of light He arrives just in time. Spiderman, Spiderman Friendly neighborhood Spiderman Wealth and fame He's ingnored Action is his reward. To him, life is a great big bang up Whenever there's a hang up You'll find the Spider man.

Question: Why do women who know feminism only from hearsay think they can tell an ex feminist man who was? actively involved in the movement what feminism is about ? Do SOME women think being female automatically makes them an expert on feminism just because they have the correct assets ? Irene, actually it was in Germany. also Irene it wasnt feminism that gave women equal rights, it was living in a society that believed everyone is equal. Thats why feminism will do absolutely nothing for women in countries like Afghanistan or elsewhere where the notional is lacking that we are all of equal worth.

Answer: They are indoctrinated. They think that because they take all of the lies of the Feminists at face value, without ever checking one single "fact," that they are the only ones who know anything about Feminism, but all they know are lies. Lenin called people like the typical lie-indoctrinated "Feminist," "useful idiots," and that is just what they are.

Question: How could you tell others about Islam when most of what you post is hearsay less a few?

Answer: When I try to correct misinformation I usually get insulted(by a specific user) and accused of hating muslims and he gets the thumbs up while I get the thumbs down. Shows you how much they really want to learn. I guess they assume since I'm not a muslim I wouldn't know anything about islam.