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Hearsay Question? Discuss and Explain Anyone

  • 10-01-2011 11:29pm
    #1
    Closed Accounts Posts: 51 ✭✭


    The right of a person to have evidence against him given orally and tested by cross examination before the tribunal in question may be of such importance in case that to deprive the person concerned of that right would amount to a breach of the basic fairness of procedures to which he is entitled by virtue of article 40.1 of the Constitution. It is not simply because the court is in greater danger of arriving at an unfair conclusion, absent the safeguard of material evidence given orally and tested by cross examination... It is because depending on the nature of the evidence it's admission in that in that form may offend either its statutory or common law vesture.


    The above is refers to the hearsay rule. Anyone have any thought further thoughts on exactly what Keane J in Borges v Medical was alluding too?


Comments

  • Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Do your own homework.


  • Closed Accounts Posts: 51 ✭✭ID@THEWIDOWS


    Hahah I m just a tad stuck on what he means by this dicta.So any assistance would be extremely helpful.


  • Registered Users, Registered Users 2 Posts: 25,624 ✭✭✭✭coylemj


    Access to discussion forums on the Internet allows students to offload their work on to unwitting idiots with nothing better to do.

    Discuss.


  • Closed Accounts Posts: 51 ✭✭ID@THEWIDOWS


    Mj if the shirt fits. Unwitting are you.


This discussion has been closed.
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