How is hearsay defined in legal terms?

Master the Evidence Bar Exam. Study with flashcards and multiple choice questions, each providing hints and explanations. Prepare confidently for your exam!

Hearsay is defined as an out-of-court statement made by a declarant offered in court for the truth of the matter asserted. This definition captures the essence of hearsay, which is essentially secondhand information that is generally not admissible as evidence because the original speaker cannot be cross-examined about that statement. The rationale behind this rule is to ensure that the information being presented in court is reliable and that the parties involved have the opportunity to challenge its credibility.

Understanding this definition is crucial as it distinguishes hearsay from other types of evidence. For instance, eyewitness accounts or statements made under oath are typically considered acceptable forms of evidence because they involve firsthand testimony or declarations made in a formal setting where the declarant can be questioned. Similarly, testimony by character witnesses is based on their direct knowledge or perception, making it reliable compared to an out-of-court statement. Therefore, the correct definition of hearsay accurately reflects the legal principles surrounding the admissibility of various statements in court.

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