types of evidence
The Linguistic Hearsay Rule
The synthesis of hearsay and precedent
When the doctrine of precedent and the rule of hearsay are merged into a single mode of jurisprudence, they form the synthetic doctrine of linguistic hearsay. This legal synthetic is then applied to the following question: Can the linguistic hearsay rule be applied to statutory interpretation in a way that is beneficial to individuals faced with the task of interpreting a statute? The answer to this question depends in large measure on how conscientiously the practitioner applies the linguistic hearsay rule. As the following discussion will demonstrate, when applied correctly, the linguistic hearsay rule provides an intellectually derived legal construct from which to decide the appropriate interpretation of the statue.
The linguistic hearsay rule is based upon the tenets of the rule against hearsay. When the factors upon which reliability of witness’ testimony depends (perception, memory and narration) are transposed on the doctrine of precedent, the strengths and weaknesses of the varying degrees of precedent become apparent.
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