So today, we got a question as to the legal relevance of a Facebook Messenger Conversation that was shared with our office:
In court, unfortunately this recording would be considered "hearsay".
“Hearsay evidence”, is testimony from an under-oath witness who is reciting an out-of-court statement that they overheard or had with another person.
It is information gathered from a 3rd party ... an "un-sworn" party ...
No one on this recording is "under oath" ...
Unfortunately, at this point in this recording ---
A court of law would consider this to be “conjecture" ...
If the recording was attempted to be offered in as evidence
it would be objected to and not permitted as evidence of anything.
In court … or in the legal process and procedure …
These statements aren’t from anyone who is “under oath” and subject to the penalty of perjury or contempt of court.
To a court of law … these words would mean nothing.
In a court of law this is just a conversation between two people.
In court --- ‘hearsay’ is defined as: the words that are spoken --- that are being offered to prove the truth of the matter that is at issue.
In most courts, hearsay evidence is inadmissible unless an exception to the hearsay rule applies.
You are responsible for knowing the definition of the word hearsay as you will see it again on Wednesday's in class quiz.
For those who are following the coursework.
From this video define as best you can what hearsay is.
Hearsay is: ________________ please submit your answer in a comment below.
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