18. Hearsay evidence

2014 ◽  
pp. 295-310
Author(s):  
Martin Hannibal ◽  
Lisa Mountford
Keyword(s):  
Hearsay Evidence

Evidence of evidentiality in the quality press 1993 and 2005

Corpora ◽  
2010 ◽  
Vol 5 (2) ◽  
pp. 139-160 ◽  
Author(s):  
Caroline Clark
Keyword(s):  
Hearsay Evidence

In this paper, I adopt a diachronic approach to the analysis of the two large SiBol newspaper corpora, in order to examine and compare the expression of evidentiality ( Bednarek, 2006 ; Dendale and Tasmowski, 2001 ; and Chafe, 1986 ) – that is, how the writer's knowledge is marked as having been ‘seen’ or ‘heard’, etc., how the knowledge is attributed, and how it is passed on to the reader. Findings show an increased use of evidential markers over the thirteen-year period studied, and, at the same time, a shift in reporter usage of evidentiality towards hearsay evidence and the reporting of knowledge acquired by speculation. This is in keeping with other observations regarding an increased ‘vagueness’ in contemporary journalism (see Duguid, 2010 ), which is counterbalanced at times with an elevation of the newsworker's presence.

Sole or Decisive Hearsay Evidence

2010 ◽  
Vol 74 (2) ◽  
pp. 109-112
Author(s):  
Austin Stoton
Keyword(s):  
Hearsay Evidence

The effects of judicial admonitions on hearsay evidence

2005 ◽  
Vol 28 (6) ◽  
pp. 589-603 ◽  
Author(s):  
Dae Ho Lee ◽  
Daniel A. Krauss ◽  
Joel Lieberman
Keyword(s):  
Hearsay Evidence

Hearsay Evidence

2018 ◽  
pp. 343-392
Author(s):  
Jonathan Doak ◽  
Claire McGourlay ◽  
Mark Thomas
Keyword(s):  
Hearsay Evidence

33. Hearsay

2019 ◽  
pp. 372-378
Author(s):  
Stuart Sime
Keyword(s):  
Practice Trial ◽  
Trial Judges ◽  
Civil Cases ◽  
Hearsay Evidence

This chapter considers the admissibility of and procedural matters relating to hearsay evidence in civil cases. Hearsay evidence is where a witness gives evidence of facts they have not personally experienced for the purpose of proving the truth of those facts. Hearsay may be written or oral, and may be first-hand, second-hand, etc. Evidence is no longer excluded in civil cases solely on the ground that it is hearsay. However, in practice, trial judges give limited weight to hearsay evidence.

18. Hearsay Evidence

2019 ◽  
pp. 337-354
Author(s):  
Martin Hannibal ◽  
Lisa Mountford
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Common Law ◽  
General Rule ◽  
European Convention ◽  
Personal Knowledge ◽  
Criminal Cases ◽  
Hearsay Rule ◽  
Oral Evidence ◽  
Hearsay Evidence

Hearsay evidence in criminal cases most often arises in two situations: if a witness testifies about facts of which he has no personal knowledge because the facts were communicated to the witness by another person who is not in court; and where a witness’ written statement is put before the court because the witness is unable to attend court to give oral evidence. This chapter discusses the general rule of hearsay evidence; identifying hearsay evidence; statutory exceptions to the hearsay rule; hearsay evidence under the Criminal Justice Act (CJA) 2003; hearsay admissible under the preserved common law rules; procedure for admitting hearsay evidence; and hearsay evidence and the European Convention on Human Rights (ECHR) 1950.

12. The rule against hearsay III

2017 ◽  
Author(s):  
Richard Glover
Keyword(s):  
Criminal Justice ◽  
Rule Of Law ◽  
Common Law ◽  
Criminal Proceedings ◽  
Mentally Handicapped ◽  
Codes Of Practice ◽  
Hearsay Evidence

Admissions and confessions are the most important common law exceptions to the rule against hearsay. Section 118(1) of the Criminal Justice Act 2003 preserves any rule of law relating to the admissibility of admissions made by agents in criminal proceedings. This chapter is divided into two parts, the first of which discusses admissions, covering the principles of admissibility; what admissions may bind a party; and what may be proved by admission. The second part deals with confessions, covering the admissibility of confessions; the exclusion of confessions; evidence yielded by inadmissible confessions; excluded confessions as relevant non-hearsay evidence; confessions by the mentally handicapped and those otherwise impaired; the Codes of Practice and the discretionary exclusion of confessions; the use of confessions by co-accused; confessions implicating co-accused; and partly adverse (‘mixed’) statements.

10. The rule against hearsay I

2017 ◽  
Author(s):  
Richard Glover
Keyword(s):  
Circumstantial Evidence ◽  
Legal Effect ◽  
State Of Mind ◽  
Hearsay Rule ◽  
Definition Of ◽  
Hearsay Evidence

This chapter is divided into two parts. The first part discusses the rule against hearsay, covering the definition of hearsay; the dangers of hearsay evidence; the development of exceptions and reform of rule. The second part explains how the hearsay rule operates by distinguishing hearsay and non-hearsay statements and, therefore, discusses: a statement having legal effect or significance; a statement admissible to prove that it was made or was made on a particular occasion or in a certain way; a statement as circumstantial evidence of state of mind; a statement as circumstantial evidence of other relevant facts; three classic hearsay problems; and the use of avoidance and evasion.

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