hearsay admissions

Question 1

801(d)(2)(A) party statement (in individual or representative capacity)

Answer 1

.

Question 2

801(d)(2)(B) adopted statement (if you indicate you believe or accept it)

Answer 2

.

Question 3

801(d)(2)(C) authorized statement

Answer 3

includes statements made by agent to anyone including principal

Doesn’t include apparent authority

issue resolved under 104a so can consider statement itself

Question 4

801(d)(2)(D) agent statement

Answer 4

includes apparent authority

Question 5

801(d)(2)(E) co-conspirator statement

Answer 5

only applies “during”

preliminary question of whether there is a conspiracy, that declarant and party against whom its made are members –> must be independently established