hearsay: admissions

Question 1

cec 1220

Answer 1

party statement (in individual or representative capacity)

Question 2

cec 1221

Answer 2

adopted statement (if you indicate you accept or believe it)

watch out for this

Question 3

cec 1222

Answer 3

authorized statement: only extends where agent is speaking “for” principal to third person

can use for apparent authority (w/in scope of employment)

established by CEC 403 conditional relevance

Question 4

cec 1224

Answer 4

agent statement

in civil cases, CEC permits admission of agent’s statement where liability of the party against whom the statement is offered is based upon vicarious liability for the conduct of the agent

Question 5

cec 1223

Answer 5

co-conspirator statement: can be made prior to participation

cec 403 question: was there a conspiracy and was declarant and party against whom the statement made members of it?