LAW4323 Study Guide - Final Guide: Obiter Dictum, Determinative
Document Summary
Is it hearsay (s 59: previous representation (dictionary) Hearsay: = a representation made otherwise that during the proceeding includes a representation not intended to be communicated, and one not communicated, contains an express or implied, and intended asserted fact. Implied: it can reasonably be supposed the maker was asserting the fact. Intended or unintended: not conveying the asserted fact to anyone = unintended (walton, spontaneous assertion = unintended (benz, p would adduce it to prove the truth of the asserted fact. Relevant for a non-hearsay purpose: in for the hearsay purpose (s 60: e. g: previous representation is a pis/pcs (lee) Electronic communications used to id sender/date sent/recipient (s 71) Maker not competent when they made the rep = inadmissible (s 61/s 13: does not apply to contemporaneous representations under s 66a. Civil proceedings maker unavailable: can call w who shop the previous rep/adduce doc containing the previous rep (s 63)
