hearsay rule: meaning, definition, pronunciation and examples
C2Formal, Legal, Technical
Quick answer
What does “hearsay rule” mean?
A legal principle that prohibits the use of out-of-court statements as evidence in a trial, unless an exception applies.
Audio
Pronunciation
Definition
Meaning and Definition
A legal principle that prohibits the use of out-of-court statements as evidence in a trial, unless an exception applies.
A fundamental rule of evidence in common law systems that excludes testimony based on what a witness has heard others say, rather than on their own direct knowledge, due to its inherent unreliability and inability to be cross-examined.
Dialectal Variation
British vs American Usage
Differences
The rule itself is fundamentally the same in both jurisdictions, being a cornerstone of common law evidence. Differences lie in statutory codifications and specific exceptions (e.g., Civil Evidence Act 1995 in England and Wales vs. Federal Rules of Evidence, Article VIII, in the U.S.).
Connotations
Connotes legal precision, procedural fairness, and the right to confront accusers. In popular culture, it is often cited (sometimes incorrectly) to create dramatic tension in courtroom scenes.
Frequency
Used exclusively within legal contexts (court proceedings, legal education, professional practice). Frequency is high within those contexts, but zero in general usage.
Grammar
How to Use “hearsay rule” in a Sentence
The [defense/prosecution] objected based on the hearsay rule.The [judge/court] sustained the objection under the hearsay rule.The statement was [inadmissible/admitted] pursuant to the hearsay rule.Vocabulary
Collocations
Examples
Examples of “hearsay rule” in a Sentence
verb
British English
- The judge ruled the statement hearsay and therefore inadmissible.
- Counsel sought to have the evidence hearsayed out of the trial.
American English
- The attorney objected, arguing the testimony was hearsay.
- The motion to exclude hearsay evidence was granted.
adverb
British English
- The evidence was ruled hearsay, and thus excluded.
- The witness could only testify hearsay about the event.
American English
- The document was admitted not for its truth, but hearsay as to the defendant's state of mind.
adjective
British English
- The hearsay rule objection was sustained.
- They faced a significant hearsay problem with their key witness.
American English
- The hearsay statement could not be considered.
- A hearsay exception allowed the diary entry into evidence.
Usage
Meaning in Context
Business
Not used. In commercial disputes, evidence rules apply, but the term is purely legal.
Academic
Used in law schools, jurisprudence, and legal history texts.
Everyday
Extremely rare. Might be used in casual reference to gossip (e.g., 'I don't believe that, it's hearsay'), but never 'hearsay rule'.
Technical
Core terminology in litigation, criminal procedure, and evidence law.
Vocabulary
Synonyms of “hearsay rule”
Strong
Neutral
Weak
Vocabulary
Antonyms of “hearsay rule”
Watch out
Common Mistakes When Using “hearsay rule”
- Using 'hearsay rule' to mean a general rule about gossip. It is strictly legal.
- Saying 'hearsay rules' (plural) incorrectly. It is generally 'the hearsay rule' as a singular concept.
- Confusing it with 'the best evidence rule' or other evidence rules.
FAQ
Frequently Asked Questions
No. The hearsay rule is a general rule of exclusion, but there are numerous statutory and common-law exceptions (e.g., business records, excited utterances, statements against interest) that can render hearsay evidence admissible.
Yes. The rule applies to any out-of-court statement offered for the truth of the matter asserted, whether oral, written, or even conduct intended as an assertion. An old newspaper article offered to prove a fact would be hearsay.
In everyday language, they are similar. Legally, 'hearsay' is a precise technical term for an out-of-court statement offered in court as evidence of its truth. 'Rumour' is a non-legal term for unverified gossip.
No. The hearsay rule is a distinctive feature of common law systems (e.g., UK, US, Canada, Australia). Many civil law systems (e.g., France, Germany) do not have an equivalent blanket exclusion, giving judges more discretion to evaluate all evidence.
A legal principle that prohibits the use of out-of-court statements as evidence in a trial, unless an exception applies.
Hearsay rule is usually formal, legal, technical in register.
Hearsay rule: in British English it is pronounced /ˈhɪə.seɪ ˌruːl/, and in American English it is pronounced /ˈhɪr.seɪ ˌruːl/. Tap the audio buttons above to hear it.
Phrases
Idioms & Phrases
- “That's just hearsay.”
- “Hearsay evidence is not worth the paper it's written on.”
Learning
Memory Aids
Mnemonic
You can't HEAR what someone SAYs second-hand and use it as a RULE in court.
Conceptual Metaphor
BARRIER/GATEKEEPER (The rule acts as a gatekeeper, blocking unreliable information from entering the courtroom).
Practice
Quiz
What is the primary rationale for the hearsay rule?