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Questions tagged [hearsay]

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Is a statement saying that a party committed a crime by a non-benefiting accessory to the crime considered a party-opponent admission?

I was taking an MBE Prep Test for the hell of it, and I found this question's answer to be controversial. "Several persons together stole a painting from an art museum. One of them, who was the driver, was caught during the commission of another…
froggo_doggo
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Can an audio recording prove a defendant's innocence?

Defendant is in jail for a gun charge. The gun is not his, nor did he know it was in the vehicle. Defendant's girlfriend has an audio recording of the gun's owner admitting to owning the gun but refusing to say so to law enforcement because he…
SCASHLI
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Why what you say to the police can be used against you, but not in your favour?

I'm asking this question from the viewpoint of an almost complete newbie in court law. I've heard stated by plenty of lawyers that you should never talk to the police, and the only thing you should say is: "I want to talk to my lawyer". There are…
Luiz Martins
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Is this tv show example of hearsay actually hearsay?

In the Netflix show The Lincoln Lawyer, season 3, episode 7, there is a scene in which a witness is testifying in court as a witness for the defence. Background For those not familiar with the show, the following is a simplified summary of the state…
Janus Bahs Jacquet
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Sworn statement from Chief of Staff on President's intent:isn't that hearsay?

Trump made two tweets (here and here) which (on a surface reading) would seem to be him ordering the complete declassification of all documents related to the Russian investigation. In response, several FOIA suits were filed demanding those…
Matthew Cline
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Is this hearsay?

In this situation, the attorney is attempting to find out on direct exam. whether the witness had a conversation with the defendant, who is being sued for securities fraud, about business matters: Q. Did you have any conversations about business…
London Jennings
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Hearsay in email

An email sent to me is represented as the opinion of the organization's attorney. The complete original context is not known as it seems to be cut and paste (email metadata of who sent and when is absent) Is the forwarded opinion excerpt…
gatorback
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Can text message be used against me in court

My daughter's father has petitioned the court for custody modification and is using text messages he downloaded against me. The text messages in question were not sent to him but, rather, were conversations that I had with other people.…
jacqueline trapp
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In what situations is hearsay allowed in a court of law?

https://www.youtube.com/watch?v=E3TEQ9A_lm8 I am not sure if I am crazy, but Amber's legal team is using a backdoor to use hearsays as evidence or to tilt the jury in their favour by continually mentioning the hearsay. But the judge keeps allowing…
user25884
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Is police report inadmissible when the cop who wrote it is not available to testify?

Say a cop conducted a crime investigation, interviewed the person of interest (later charged with the crime) and wrote it all down in a report. When the trial comes, the cop is no longer available (resigned and can't be located, dead etc.). Will the…
Greendrake
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Is evidence submitted in writting that came from a third party, hearsay?

I have a Dispute scheduled with my ex-landlord. Among other things I alleged that he infringed upon my Quiet Enjoyment by routinely pressuring me into moving out with in person meetings. The landlord rebuttled that he had received numerous…
tastespeak
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801.d.2.D - Party Opponent

For mock trial, the case is STATE OF WASHINGTON, Plaintiff, vs. SYDNEY CARDEN, Defendant. Two of the witnesses are Sam Drucker (plaintiff witness), a manager for a local thrift store, and Kahuna Thornhill (defense witness), an assistant manager and…
Christopher Marley
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Watching the series Anatomy of a Scandal; would a rape case on such minimal evidence make it to court in real life?

In the Netflix series, Anatomy of a Scandal, the protagonist James Whitehouse is being tried on a charge of rape by a former colleague and affair partner who says that Whitehouse raped her during a bout of consensual love-making. The entire case…
CodyBugstein
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How useful a lead detective will be as a murder witness in a trial inside of the courtroom?

In my opinion, not so much. I haven't got much experience with the US justice system, but everything the detective learns is hearsay, so (s)he can't tell the jury what witness so-and-so says. (S)he sends everything to the crine lab for testing, but…
bestofthebeast
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Can a law enforcement officer's testimony be hearsay?

Let's say a sheriff's deputy interviews a witness and on the basis of the information in that interview issues a citation for a statewide misdemeanor to Individual A. The witness's account is not written down by the deputy. Can that deputy testify…
SomeSEuser
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