Hearsay Exemption - Statement by an Opposing Party (Ch. 53) Flashcards
1
Q
What is the policy behind R 801(d)(2)?
A
Estoppel: want to hold a party accountable for any statements they have made - can’t back away from a statement
2
Q
Do you need personal knowledge? (To make the statement or use it?????)
A
NO!
* think wolf bite email
3
Q
Can you use a statement the opposing party has adopted?
A
Yes
4
Q
Weston-Smith Test
A
Is the lack of denial so unnatural as to support an inference that the undenied statement is the truth?
5
Q
Who can the statement be made to?
A
insiders AND outsiders
6
Q
Does 801(d)(2) get around other rules? (Such as 403?)
A
NO! Other rules can still prevent entry
* Relevance, SRM
7
Q
How do we deal with silence in a criminal case?
A
Can’t make an inference from silence???
8
Q
How to determine if an agent:
A
- Was the statement made during the individual’s relationship/employment?
- Does the statement concern a matter w/in the scope of employment?
