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Impeachment can refer to different legal concepts. One meaning refers to discrediting a witness by showing that he or she is not telling the truth or does not have a reliable basis for their testimony. Rules of evidence govern what type of questioning may be used to impeach a witness. Generally, unrelated evidence that the person is a" bad person" and therefore untrustworthy, is not allowed. See:http://definitions.uslegal.com/i/impeachment/ As stated above, the rules of evidence apply when attempting to impeach a witness. Therefore - hearsay evidence is NOT admissable for impeachment purposes.
Added by: >128.59.182.89< : Hearsay can be used to impeach a witness for the element of truthfullness under prior inconsistent statments, but cannot be used to prove the matter under dispute. A witness may not be called solely for the purpose of being impeached as a way to get otherwise inadmissible hearsay before the jury. SEE DISCUSSION PAGE -
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Is a statement that is not based upon the personal knowledge of a witness?
Hearsay
What is something that is not based on the personal knowledge of a witness called?
Hearsay
What is the term for an account by people who didn't witness the event?
Hearsay evidence.
Is it considered a hearsay statement if the defendant struck plaintiff and a witness testimony that she saw the defendant strike the plaintiff?
No, a witness testifying that they personally saw the defendant strike the plaintiff is not considered hearsay. Hearsay involves relaying information heard from someone else outside of the courtroom. Since the witness is providing firsthand knowledge of the event, their testimony is typically admissible as direct evidence.
What is a statement in court my witness about what someone has told the witness not what the witness actually saw it's usually not allowed by the judge?
This is hearsay, which is a secondary source of information that is not allowed.
Can hearsay of a habitual violator of a crime say a man with no record of such crime is the guilty party when all evidence is found on violator's property?
No, since the question presumes the evidence is hearsay; therefore it is inadmissible even if the witness had the highest degree of credibility. There are many exceptions to the hearsay rule and many instances where an out of court statement seems to be inadmissible hearsay but is not (i.e. non hearsay hearsay), that it serves no purpose to provide facts that would allow the statement to be used at trial. If the question posed more facts than just the statement that the evidence is hearsay, they would show whether the statement is admissible under an exception or as non hearsay hearsay. Once the statement is admitted as evidence it would be up to the jury to determine if the witness is believable.
Which best explains what hearsay is?
Probably the definitions: 1. unverified, unofficial information gained or acquired from another and not part of one's direct knowledge: I pay no attention to hearsay. 2. an item of idle or unverified information or gossip; rumor: a malicious hearsay. - adjective 3. of, pertaining to, or characterized by hearsay: hearsay knowledge; a hearsay report.
Information gathered by someone who did not take part in or witness the event is called?
Information gathered by someone who did not take part in or witness the event is called hearsay.
What is the best definition of hearsay?
A statement by a witness that recounts something he or she heard from someone else, rather than something that he or she saw.
Can they use heresay when children under the age of 12 testify in court in Kentucky?
The concern is likely whether a child will be considered a competent witness in court, depending on age, rather than whether hearsay will be allowed. Generically, hearsay is not allowed unless there is some exception to the rule disallowing it, or an exemption. there are no exceptions or exemptions due to the declarent's age. It may be possible in some circumstances that if the child is older than 3, and they are the victim or a witness of a serious crime, they may very well be called as a witness. The appropriate hearsay objection would be when the child witness is asked what someone else said.
How many dead dogs were found on Mike Vick's property?
No dead dogs were actually found it is all witness testimony, and or hearsay.
Is it against policy of the law for hearsay to be used in the process of termination of a job?
Rules of evidence only apply in law and in the courts, not a private company's internal decision making. So yes, hearsay can be used in terminating someone.
