What is the primary characteristic of hearsay?

The primary characteristic of hearsay is that it involves a second-hand account of another person’s statement. Hearsay occurs when a witness testifies about an out-of-court statement made by someone else to prove the truth of the matter asserted in that statement. This is significant within legal contexts because hearsay is generally inadmissible in court unless it falls under specific exceptions due to concerns about the reliability and credibility of the statement.

Admissibility issues arise because the individual who made the original statement is not present in court to be cross-examined, which limits the ability to evaluate the truthfulness of the content. The understanding of hearsay and its implications is crucial in legal procedures, influencing how evidence is presented and judged during trials.