What is Hearsay?

Hearsay is something that you have heard from someone else. You cannot use hearsay evidence in court.

***Nor with Steve Shorr Insurance

For example, you cannot talk about a conversation between your sister and ex-partner, which happened when you were not there.

***Or what some CSR – Customer Service Representative told you over the phone or something that happened 10 years ago…

There are exceptions to this rule. Evidence about a conversation might be allowed if it is to work out the time and place of an event or why a person acted in such a way.  So, you can say that a conversation took place, but not what was said.

You can also call the person who made the statement as a witness so that they can provide evidence. Legal Aid Victoria.Gov

***I’m only interested if they can cite the exact law, rule or Insurance Company bulletin where it says it!

More legalize definition

Hearsay evidence is evidence of a statement that was made other than by a witness while testifying at the hearing in question and that is offered to prove the truth of the matter stated.   Evid. Code § 1200 a (The 24 exceptions in the federal rules that do not require a showing that the declarant is unavailable are listed below.  Analogous provisions in California’s Evidence Code are also noted. Criminal Findlaw Hearsay

Resources

Learned treatises used to question an expert witness. Dicarlo Law

Findlaw.com – Hearsay  & 6th Amendment

Findlaw – Rules of Evidence

Hearsay Graphic Flow Chart

Free Dictionary.com

shouse law.com/hearsay  

Our feelings on the situation

We resent it when our Insurance Clients – try and tell us the wrong information that someone on the phone is alleged to have said.  This caused me a ton of grief in my HOA when State Farm sent a letter that our building values were going to double.  Thus, the premium would just about double.  It took me and the State Farm agent a year to explain it to the Board of Directors.  The Board never understood what they were being told….and were putting in the minutes, what the president said the State Farm agent said.  Not the actual printed things!  It took a year!

Here’s someone who made a comment on our website and I went in and added the exact links to show that they really had the correct answer!

Hearsay - Photo Credit Skibalaw.com

Hearsay – Photo Credit Skibalaw.com 

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#Slander

The common law origins of defamation lie in the torts of “slander” (harmful statement in a transient form, especially speech), each of which gives a common law right of action.

“Defamation” is the general term used internationally, and is used in this article where it is not necessary to distinguish between “slander” and “libel”. Libel and slander both require publication.[7] The fundamental distinction between libel and slander lies solely in the form in which the defamatory matter is published. If the offending material is published in some fleeting form, as by spoken words or sounds, sign language, gestures and the like, then this is slander.

Libel

Libel is defined as defamation by written or printed words, pictures, or in any form other than by spoken words or gestures.[8] The law of libel originated in the 17th century in England. With the growth of publication came the growth of libel and development of the tort of libel.[9]    

 Learn More ===>  wikipedia.org/Defamation

Jewish Law on Proper Speech – Lashon Ha-Ra

Introduction to LaShon Ha-Ra www.JewFaq.org

Online Course – www.Torah.org

Article on Gossip & Speech wiley.com/

Resources & Links

Nolo on Social Media & Defamation

Cyber Investigations – Facebook

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3 comments on “What is hearsay? Someone else said on the phone? Gossip

  1. 8 comments on “Libel, Slander LaShon Ha-Ra”

    1. Larry says:

      Well Steve no luck Facebook is allowing the post in the police can’t do anything about it because it was before the TRO so I’m SOL !

      Reply
    2. Larry says:

      Steve… Thank you! This truly helps!
      One last question:

      This Permanent Restraining Order is in one county…. She lives in another county… Which county would I go to lodge my grievance? Hers or mine?

      Thank you agian…

      Larry

      Reply
      • The violation occurred in your county as that is where you saw the post were harassed. I’m not an attorney. The worst that can happen is the police tell you to go to the next county. It’s my understanding a restraining order is valid throughout the United States.

        Reply
        • Larry says:

          You have been of great help! Thank you so much!

          Larry

          Reply
    3. Larry says:

      Steve: maybe I was unclear… The one writing this is the male and the protected person… I’m talking about her the restrained person… Tho it works the same I believe… Correct?

      Thank you Lo

      Reply
      • In that case, it sounds like she is in violation of the restraining order. Report the violation to your local police department. Here’s how to do it in California. Please note I’m not an attorney and this is not legal advise.

        Reply

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