Wednesday, July 1, 2009

Evidence: Hearsay

Compare the definitions of hearsay in (U.S.) Federal Rules of Evidence (FRE) and England's Civil Evidence Act (CEA) 1995:

Rule 801(c): Hearsay is a statement, other than the one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.

CEA Sec. 1(2) defines hearsay evidence as a "statement made otherwise than by a person while giving oral evidence in the proceedings which is tendered as evidence of the matter stated."

Which one is easier to understand?

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