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View Diary: Legal experts: Alleged Sandy extortion could be more serious than Bridgegate (179 comments)

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  •  Hearsay (10+ / 0-)

    Hearsay is a statement made out of court offered for the truth of the matter asserted. A hearsay statement can be about anything or anyone. So, if Mayor Zimmer's journal is offered as evidence that the Lt. Gov. actually said those things, it is hearsay. That said, the Rules of Evidence allow for exceptions to the rule against hearsay when the circumstances make the hearsay statement more credible.

    In this case, the journal is credible because Mayor Zimmer wrote down her thoughts a short time after the conversation.  

    •  Isn't there also some sort of exception when... (0+ / 0-)

      ...the hearsay statement is actually proof of an element, like in an oral contract situation, where the element is necesarily always going to be an oral statement between people?

      You see things; and you say “Why?” But I dream things that never were; and I say “Why not?” --George Bernard Shaw, JFK, RFK

      by CenPhx on Wed Jan 22, 2014 at 06:59:47 AM PST

      [ Parent ]

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