Showing posts with label SITI NORAZIANTI MOHD SUDER. Show all posts
Showing posts with label SITI NORAZIANTI MOHD SUDER. Show all posts

Thursday, 13 December 2012

Common Law Understanding Of Res Gastae


INTRODUCTION


Res gestae describes a common-law doctrine governing testimony. Under the hearsay rule, a court normally refuses to admit as evidence statements that a witness says he or she heard another person say. The doctrine of res gestae provided an exception to this rule. During the nineteenth century and much of the twentieth century, courts applied the exception by following an assortment of common-law rules. With the introduction of the Federal Rule of Evidence, federal courts abolished res gestae as a common-law doctrine and replaced it with explicit exceptions to the ban on hearsay. To varying degrees, state Rules of Evidence are modeled on the federal rules. Although the term is now infrequently used, the legacy of res gestae is an integral part of the modern framework of hearsay evidence.