About: Hearsay in United States law

Facets (new session)
Description
Metadata
Settings
- Rule:
- Inverse Functional Properties:
- "Same As":

About: Hearsay in United States law Goto Sponge NotDistinct Permalink

An Entity of Type : owl:Thing, within Data Space : dbpedia.demo.openlinksw.com associated with source document(s)
QRcode icon

http://dbpedia.demo.openlinksw.com/describe/?url=http%3A%2F%2Fdbpedia.org%2Fresource%2FHearsay_in_United_States_law

Hearsay is testimony from a witness under oath who is reciting an out-of-court statement that is being offered to prove the truth of the matter asserted. The Federal Rules of Evidence prohibit introducing hearsay statements during applicable federal court proceedings, unless one of nearly thirty exemptions or exceptions applies. The Federal Rules of Evidence define hearsay as: A statement that: (1) the declarant does not make while testifying at the current trial or hearing; and (2) a party offers in evidence to prove the truth of the matter asserted in the statement. (F.R.E. 801(c)).

Attributes	Values
rdfs:label	Hearsay in United States law (en)
rdfs:comment	Hearsay is testimony from a witness under oath who is reciting an out-of-court statement that is being offered to prove the truth of the matter asserted. The Federal Rules of Evidence prohibit introducing hearsay statements during applicable federal court proceedings, unless one of nearly thirty exemptions or exceptions applies. The Federal Rules of Evidence define hearsay as: A statement that: (1) the declarant does not make while testifying at the current trial or hearing; and (2) a party offers in evidence to prove the truth of the matter asserted in the statement. (F.R.E. 801(c)). (en)
dcterms:subject	United States evidence law Hearsay
Wikipage page ID	229100 (xsd:integer)
Wikipage revision ID	1076350405 (xsd:integer)
Link from a Wikipage to another Wikipage	Canada Declarant Declaration against interest Deposition (law) Crawford v. Washington Criminal law Witness impeachment List of objections (law) Grand jury Confrontation Clause United States evidence law Common law Federal Rules of Evidence Parole Jury Ancient document Dying declarations Probation Reasonable person Business records exception Hearsay Civil law (legal system) Napoleon Present sense impression Sixth Amendment to the United States Constitution Excited utterance Prior inconsistent statements Excited utterances dbr:Statement_Made_for_Medical_Diagnosis_or_Treatment.
Link from a Wikipage to an external page	https://www.law.cornell.edu/rules/fre/rules.htm%23Rule801 https://www.law.cornell.edu/rules/fre/rules.htm%23Rule807
sameAs	Hearsay in United States law Hearsay in United States law
dbp:wikiPageUsesTemplate	dbt:About dbt:Main dbt:Reflist dbt:Evidence_law
has abstract	Hearsay is testimony from a witness under oath who is reciting an out-of-court statement that is being offered to prove the truth of the matter asserted. The Federal Rules of Evidence prohibit introducing hearsay statements during applicable federal court proceedings, unless one of nearly thirty exemptions or exceptions applies. The Federal Rules of Evidence define hearsay as: A statement that: (1) the declarant does not make while testifying at the current trial or hearing; and (2) a party offers in evidence to prove the truth of the matter asserted in the statement. (F.R.E. 801(c)). The "declarant" is the person who makes the out-of-court statement. (F.R.E. 801(b)). The Federal Rules define a "statement" as "a person’s oral assertion, written assertion, or nonverbal conduct, if the person intended it as an assertion." (F.R.E. 801(a)). The Supreme Court has further clarified that a "statement" refers to "a single declaration or remark, rather than a report or narrative." Thus, a trial court must separately analyze each individual statement, "sentence-by-sentence," rather than analyzing the narrative as whole for hearsay content or exceptions. "The truth of the matter asserted" means the statement itself is being used as evidence to prove the substance of that statement. For example, if a witness says, "Margot told me she loved Matt" to prove that Margot did in fact love Matt, the witness's statement is hearsay. Thus, the reason a party offers a statement is central to determining whether it qualifies as excludable hearsay. If a statement is being used to prove something other than the truth of what the statement asserts, it is not inadmissible because of the hearsay rule. A quintessential example is the U.S. Supreme Court case of Tennessee v. Street (1985), in which a co-defendant's confession was properly admitted against the defendant—not for the hearsay purpose of directly proving that both men jointly committed a robbery and murder—but for the nonhearsay purpose of rebutting the defendant's claim that his own confession was elicited through the sheriff's coercive tactic of reading his co-defendant's confession to him. In cases where a statement is being offered for a purpose other than the truth of what it asserts, trial judges have discretion to give the jury a limiting instruction, mandating the jury consider the evidence only for its intended, non-hearsay purpose. Although the Federal Rules of Evidence govern federal proceedings only, 38 states have adopted the Uniform Rules of Evidence, which closely track the Federal Rules. (en)
gold:hypernym	Term
prov:wasDerivedFrom	wikipedia-en:Hearsay_in_United_States_law?oldid=1076350405&ns=0
page length (characters) of wiki page	31555 (xsd:nonNegativeInteger)
foaf:isPrimaryTopicOf	wikipedia-en:Hearsay_in_United_States_law
is Link from a Wikipage to another Wikipage of	Melendez-Diaz v. Massachusetts 2010 term United States Supreme Court opinions of Antonin Scalia 2010 term United States Supreme Court opinions of Clarence Thomas 2010 term United States Supreme Court opinions of Ruth Bader Ginsburg 2010 term United States Supreme Court opinions of Sonia Sotomayor Boumediene v. Bush List of United States Supreme Court cases, volume 11 List of United States Supreme Court cases by the Rehnquist Court Richard Gerald Jordan Declaration against interest Criminal law in the Marshall Court Objection (United States law) Subpoena Witness impeachment Conspiracy theory (legal term) Testimony of the Evangelists Zodiac (film) Michael Sussmann Traffic Violations Bureau Hearsay in English law Aguilar v. Texas Party admission Fort Lee lane closure scandal Judith Catchpole Hamdi v. Rumsfeld Affidavit Albertson v. Robeson John Durham Big Apple Oriental Tours George Sweeney Trial Disappearance of Michele Anne Harris Business record Business records exception Port Chicago disaster In re Gault Search warrant Sixth Amendment to the United States Constitution Lynching of Mack Charles Parker Outline of evidence law in the United States Hearsay exception Hearsay exceptions Hearsay in US law Hearsay in the United States
is Wikipage redirect of	Hearsay exception Hearsay exceptions Hearsay in US law Hearsay in the United States
is foaf:primaryTopic of	wikipedia-en:Hearsay_in_United_States_law

Faceted Search & Find service v1.17_git139 as of Feb 29 2024

Alternative Linked Data Documents: ODE Content Formats:

RDF

ODATA

Microdata

About

OpenLink Virtuoso version 08.03.3330 as of Mar 19 2024, on Linux (x86_64-generic-linux-glibc212), Single-Server Edition (378 GB total memory, 67 GB memory in use)
Data on this page belongs to its respective rights holders.
Virtuoso Faceted Browser Copyright © 2009-2024 OpenLink Software