This chapter turns to Herodotus’ unique narratorial reticence in making firm truth claims. "What is said" and "what seems" are found with much greater frequency than "what is true." Juxtaposing the Histories with contemporary discussions on epistemology will demonstrate the extent to which truth was problematized as a standard of inquiry in the fifth century. The narrator’s response to this is to use truth as an elusive criterion in order to highlight the difficulty of meeting its conditions. The final portion of this chapter looks to the frequency of "veridical" εἰμί in the Histories and points to its status as a criterion of accuracy in Presocratic epistemology. It argues for its incorporation in historical narrative as a distinctive marker of epistemic certainty.

This chapter explains the rule against hearsay and its exceptions. First, it sets out what hearsay is and some of the common law cases that contributed to its development. It then explains how hearsay is defined under the Act. The chapter then proceeds to explain the various uses for which evidence may be adduced and the different exceptions available under the Act. It is important to note that facts in issue and facts relevant to facts in issue are critical to understanding the purposes behind tendering hearsay evidence.

Hearsay evidence relies not on direct witness testimony but on another witness’s statement about a ‘previous representation’. The rationale for developing the rule against hearsay at common law was that these out-of-court previous representations were usually made by a person whose evidence was not available to be tested. The main concern at common law was whether such evidence was reliable. The witness giving the hearsay evidence could be cross-examined as to what they perceived, but the credibility of the maker of the statement could not be tested.

In Chapter 12, you read and learned quite a bit about the IRAC process of legal reasoning. Hopefully, you have tackled some of the problem questions, which provided opportunity to implement the IRAC process yourself. If not, never mind, you will be using this model (or another like it) for the rest of your time as a student, at the very least!