Lecture Notes: Understanding Hearsay in Legal Context

Introduction to Hearsay

• Hearsay Rule: A fundamental exclusionary rule in law prohibiting out-of-court statements made by someone who is not present to testify.
• Importance: Ensures only the best evidence is presented in court, particularly crucial in criminal trials where stakes are high.

Common Law and Hearsay

• General Principle: Only the best evidence should be admitted.
• Evolution: Laws around hearsay have developed over time to uphold this principle.

Everyday Hearsay

• Examples: Learning history often involves hearsay as we rely on others' accounts.
• Key Point: Much of accepted everyday knowledge is technically hearsay.

Admissibility in Court

• Best Evidence Requirement: The person who perceives the fact should testify.
• Chinese Whispers Effect: Information changes as passed along, diminishing accuracy.

Exceptions to the Hearsay Rule

• EASA (Evidence Act): Outlines exceptions where hearsay might be admissible.
• Example Scenarios:
  • Example 1: Inadmissibility in sexual assault trial if W testifies to what X told them.
  • Example 2: Car handbrake defect assertion without firsthand observation is hearsay.
• Business Records: Considered reliable and can be exceptions to hearsay.

Evaluating Evidence

• Questions to Determine Hearsay:
  1. Is the representation relevant?
  2. Who is the person making the representation?
  3. What fact is asserted by the representation?
  4. Is the evidence trying to prove a fact?
  5. Is the evidence used for non-hearsay purposes, like credibility?

Legal Practice

• Courtroom Objections:
  • Process: Object before evidence is given if known, or after if needed.
  • Weight of Evidence: Judges can later determine the weight of evidence that has been admitted.

Application in Practice

• Civil vs. Criminal Cases: Standards might vary with criminal cases requiring stricter adherence.
• Family Law: Rules can be more lenient but should still aim for evidence quality.

Strategy for Legal Practitioners

• Listening for Evidence: Pay attention to questions posed by the opposing party.
• Adapting Strategy: Be prepared to adjust your approach based on revelations during examination.

Conclusion

• Methodology: Follow a logical framework to evaluate evidence.
• Relevance Check: Is the foundational step in legal evidence assessment.