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research (3) - Running head COMPARISON OF HEARSAY BETWEEN...

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Running head: COMPARISON OF HEARSAY BETWEEN FRANCE AND US 1 Comparison of Hearsay between France and Us Name: Institution: Date:
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COMPARISON OF HEARSAY BETWEEN US AND FRANCE 2 Introduction Hearsay evidence refers to a statement made out of court but is introduced therein to prove the truth of a matter[CITATION Mie91 \p 683 \l 1033 ]. Summarily, hearsay evidence is the evidence of a statement that someone claims to have been told by another person who is not before the court for cross-examination. Therefore, someone else fills his or her void by telling the courts what was said. In this case, the person adducing the hearsay evidence did not witness whatever he is testifying before the court happening but has only relied on information from another person. For instance, to prove that John was at the market place at the time of the alleged theft, a judge asks Peter, a summoned witness, what Fred, who is not in the court, told him about John being in the market at the time of the alleged theft. Because Peter is relying on information given by Fred to testify about John’s presence at the markets place at the time of the crime, it will be termed as hearsay evidence. In many jurisdictions over the world, hearsay evidence is inadmissible unless there are some exceptions set by statutory or common law[CITATION May86 \p 58 \l 1033 ]. Before exploring the nature of hearsay evidence in the US and France, it is imperative to distinguish whether the they follow civil or common-law system[CITATION Sto36 \p 4-26 \l 1033 ]. Primarily, USA has a common law system of justice while France has a civil law system of justice. In civil law countries, judges are sometimes described as “investigators” because they take the lead in proceedings by bringing charges, examining witnesses to establish facts and applying the rules in the legal codes to give remedies. In civil proceedings, lawyers still represent
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