Hearsay

Question 1

Rule 801

Answer 1

Hearsay

a. statement means a persons oral assertion, written assertion, or nonverbal conduct, if the person intended it as an assertion
b. declarant means the person who made the statement
c. hearsay means a statement that
1. the declarant does not make while testifying at the current trial or hearing +
2. the party offers in evidence to prove the truth of the matter asserted in the statement

Question 2

Rule 801 (d)(1)

Answer 2

hearsay exclusion
impeachment of witness prior statement
a. must be given under penalty of perjury + subject to cross, and inconsistent
b. is consistent with the declarants testimony and is offered to rebut an express or implied charge that the declarant recently fabricated the statement or motive in so testifying
c. identifies a person as someone the declarant perceived earlier

Question 3

801 (d)(2)(a)

Answer 3

admissions by party opponent

was made by the party in an individual capacity

Question 4

801 (d)(2)(b)

Answer 4

admissions by party opponent

is one the party manifested that it adopted or believed to be true

Question 5

801 (d)(2)(c)

Answer 5

admissions by party opponent

was made by a person whom the party authorized to make a statement on the subject

Question 6

801 (d)(2)(d)

Answer 6

admissions by party opponent

was made by the party’s agent or employee on the matter within the scope of that relationship and while it existed

Question 7

Rule 802

Answer 7

the rule against hearsay
hearsay is not admissible unless any of the following provides otherwise
-federal statute
-these rules
-other rules prescribed by the supreme ct.

Question 8

801 (d)(2)(e)

Answer 8

admissions by party opponent

was made by the parties co-conspirator during and in furtherance of conspiracy