HEARSAY- STATEMENTS THAT ARE NONHEARSAY

Question 1

PRIOR STATEMENT BY WITNESS

Answer 1

1. prior inconsistent statement- if made under the penalty of perjury
2. prior consistent statement if offered: to rebut an express or implied charge that the witness is exaggerating because of some motive, provided that the statement was made before the onset of the motive or to rehabilitate a witness whose credibility has been impeached on come non-character ground other than a charge of recent motivation to lie or exaggerate such an alleged inconsistency or sensory deficiency
3. Prior statement of identification: statement identifying someone he perceived earlier

Question 2

ADMISSIONS BY A PARTY OPPONENT

Answer 2

statement made by a party offered against that party
personal knowledge not required
1. ADOPTIVE ADMISSIONS: may expressly or impliedly adopt as his own
- SILENCE: must meet the following to be an admission:
- heard and understood the statement
- been physically and mentally capable of denying the statement
- reasonable person would have denied
2. VICARIOUS ADMISSIONS: attributable because of relationship:
- co-parties: insufficient
- authorized spokesperson: sufficient
- partners: sufficient
- co-conspirators: sufficient
- joint tenants: state court only