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Simple English definitions for legal terms
out of court
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A quick definition of out of court:
Out of court means that something is not happening in front of a judge or in the legal system. It can be when people talk and make agreements without a judge, or when someone identifies a person as a suspect outside of a trial. Hearsay is when someone tells a story about something that happened outside of court, and it's not always allowed as evidence.
A more thorough explanation:
Definition: Out of court means “not before the court.” It refers to actions taken by parties or their attorneys without any direct involvement of a judge or the judicial system.
For example, if two parties in a legal dispute reach a settlement agreement on their own, without the need for a judge to make a decision, this is considered an out-of-court settlement. The parties may then present the settlement to the court for inclusion in a judgment.
In criminal cases, identification made at a lineup is referred to as “extrajudicial or out-of-court identification,” whereas identification at trial is referred to as “judicial or in-court identification.” This means that if a witness identifies a suspect in a lineup before the trial, this is considered an out-of-court identification.
Another example of out-of-court actions is hearsay. Hearsay is when a witness testifies under oath about a statement made by someone else outside of the courtroom. This statement is being offered to prove the truth of the matter asserted. For example, if a witness testifies that they heard someone say that the defendant committed the crime, this is considered hearsay.
Overall, out of court refers to actions taken outside of the courtroom or without the involvement of a judge. This can include settlements, identifications, and hearsay.