Labor Relations Alternatives (LRA) Investigations Practice Test

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Which type of testimony is generally not accepted in court?

Hearsay

Hearsay is the main concept here. In court, a statement made outside the current proceedings is generally not allowed to prove what it says, because the person who made the statement isn’t available for cross-examination and its reliability can’t be tested. The rule exists to protect the accuracy of what’s admitted, and there are many recognized exceptions that let certain out-of-court statements in.

Expert testimony is allowed when the witness is properly qualified and the methods underpinning the opinion are reliable. Lay opinion or perception-based statements are also admissible if they help the fact-finder understand the testimony. Background information obtained from interviews isn’t a separate category of evidence; its admissibility depends on whether it’s offered for the truth of the content (which would raise hearsay concerns) and whether it fits any exception or foundation rules.

Expert testimony

Background interview testimony

Opinion testimony

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