Hearsay

Question 1

For a party’s statement or act to qualify as an opposing party’s statement, it must:

Answer 1

be attributable to a party and offered against that party

Question 2

statement by an opposing party offered for the truth of the matter asserted

Answer 2

nonhearsay

Question 3

requirements for silence in the face of an accusatory statement to qualify as an adoptive statement of an opposing party

Answer 3

(1) party must have heard and understood the statement
(2) party must have been physically and mentally capable of denying the statement
(3) a reasonable person would have denied the accusation under the same circumstances

Question 4

party may be held vicariously responsible for the statement of someone with following relationships to the party:

Answer 4

authorized spokesperson; partner; co-conspirator; principal-agent

Question 5

A statement can be attributed to a employer if:

Answer 5

(1) it was made while the person was employed by the employer
(2) the statement related to the employment

Question 6

Witness’s prior inconsistent statement is NOT hearsay if it was made:

Answer 6

(a) at a deposition
(b) at a prior hearing
(c) to a grand jury
MUST BE OUT OF COURT STATEMENT

Question 7

The credibility of an unavailable declarant may be attacked by evidence that would be admissible IF:

Answer 7

the declarant had testified as a witness

Question 8

Extrinsic evidence of a prior inconsistent statement may NOT:

Answer 8

be used to impeach a witness upon a collateral matter