Hearsay and Its Exceptions

These flashcards cover the key concepts relating to hearsay and its exceptions as outlined in the lecture notes.

Hearsay

A statement, originally made out of court, repeated in court for the truth of its contents.

Admissibility of Hearsay

Hearsay is not admissible evidence unless it meets a specific exception that permits it.

Declaration Against Interest

A statement made by a party that is against the party’s own interest, which can be admissible evidence.

Dying Declaration

A statement made by a person who is certain they are about to die, applicable only in criminal cases.

Res Gestae

A statement made in an excited state or expressing an existing physical, mental, or emotional state.

Business Record

A record made in the ordinary course of business, assuring reliability by the way it is created.

Prior Testimony

Testimony from a previous proceeding that may be admitted if the original witness cannot testify.

Principled Exception to Hearsay Rule

An exception that allows hearsay when necessity and reliability are established.

Necessity Criteria

Conditions under which hearsay may be admitted, such as the unavailability of the witness.

Wigmore’s Criteria

Guidelines for hearsay exceptions focusing on necessity and reliability of the statement.