Hearsay Exemptions

Question 1

statement of party-opponent

Answer 1

out of court statements made by a party are admissible if offered against that party

Question 2

types of statement of party-opponent

Answer 2

Own/representative statements
Adopted statements
Authorized speaker
Agency
Co-conspirator
Judicial statement

Question 3

own / representatives statement

Answer 3

made by the party in an individual or representative capacity* (Guardian, POA)*

Question 4

adopted statements

Answer 4

acquiescence in another’s statement

**Silence: **statement if
1. party heard, understood, and was capable of responding, and
2. reasonable person would have responded/objected

Question 5

authorized speaker

Answer 5

statement by one authorized by party to speak on her behalf (lawyer)

Question 6

agency

Answer 6

statement by agent/employee on matters within scope of agency/employement is admissible against the principal

usually only while employment scope existed

ONLY works up, NOT down

Question 7

co-conspirator

Answer 7

statement by co-conspirator during and in furtherance of the conspiracy

Question 8

testifying declarant’s prior statement

Answer 8

prior statement of declarant admissible if:
1. is incosistent with declarant’s testimony given under oath (proceeding or desposition)
2. prior consistent statement to
* rebut charge of fabrication, improper motive, or influence
* **rehabilitate **credibility
3. prior statement of identification after perception (a line up ID)