Legal Glossary - G-H

 

Gratuitous

A gift given or service rendered without expectation of return, is said to have been given or rendered gratuitously. Compare with contract, estoppel and constructive trust.

 

Hearing

That part of a proceeding where the parties present evidence and submissions to a judicial body such as a court, before a judge, magistrate or tribunal member.

 

Hearsay

An important rule of evidence disallowing a court from considering evidence that is not presented by the originator of the evidence. Thus a person who has seen an act take place or who has written a document needs to be presented to the court to testify under oath. Second hand witnesses can only be heard to confirm that such a thing has been talked about or that such a document exists. The one exception is where the originator of key evidence is deceased.