What does the term "hearsay" refer to in legal terms?

The term "hearsay" in legal terms specifically refers to statements made outside of court that are presented in court for the truth of the matter asserted, without the opportunity for cross-examination. This concept is grounded in the principle that for evidence to be reliable and fair, witnesses should provide their testimonies in a live setting where they can be scrutinized through questioning. Hearsay is generally inadmissible due to concerns about its reliability; the declarant (the person who made the original statement) is not present to be questioned about the statement's accuracy or context.

In contrast to this correct understanding, other responses describe different forms of evidence or statements that do not capture the essence of hearsay. For instance, testimony based on personal experience might be admissible if the witness is testifying directly and can be cross-examined. Statements made by a defendant, regardless of their nature, do not inherently constitute hearsay since they can be subjected to cross-examination. Lastly, evidence that cannot be corroborated is a separate issue regarding the strength or reliability of evidence but does not encompass the definition of hearsay itself. Thus, the correct choice effectively encapsulates the legal definition and implications of hearsay within the context of evidence law.