Week 1

Question 1

**Evidence **

When the defendant is introducing his own statement into evidence on direct examination, eliminate any answer choice that says the testimony is allowed because it is a statement of a party.

Why?

Answer 1

Because a party’s statement is only considered non-hearsay when offered by the other party, not when the defendant is introducing his own statement into evidence.

When the defendant’s testimony is being offered for the truth of the matter asserted it is hearsay.

The hearsay exclusion “an opposing party’s statement” does not apply.

Also called a statement of a party or an admission by a party opponent

Question 2

**Evidence **

For silence in response to an accusatory statement or question, to qualify as an adoptive statement there are 4 requirements:

Answer 2

1. the statement must be offered against that party
2. the party must have heard and understood the statement
3. the party must have been physically and mentally capable of denying the statement
4. a reasonable person would have denied the accusation under the circumstances

Question 3

**Evidence **

Statements that are NOT hearsay

**801(d)(2) An Opposing Party’s Statements
**
There is 2 requirements

Answer 3

1. the statement is of the opposing-party (other party in the case)
2. the statement is offered against that party in court

Question 4

Criminal Law

General Intent crimes requires?

Answer 4

The prosecution need only show that the defendant intended to engage in the prohibited act, irrespective of any specific ulterior motive.

General intent crimes requires proof that the defendant intended to commit an act even if he did not intend the specific result.

The prosecution must prove only that the accused meant to do an act prohibited by law.

Whether the defendant intended the act’s result is irrelevant.

Question 5

Statements by or attributable to a party and offered against that party are not considered hearsay.

Answer 5

Party-Opponent “statements”

1. Statements by a party-opponent and offered against them in court.
2. Statements attributable to a party-opponent and offered against them in court.
3. An adoptive statement of an opposing party is admissible because it is not hearsay.

Question 6

There are 5 types of statements admissible under this rule

Answer 6

The statement is offered against an opposing party AND either:

(A) was made by the party in an individual or representative capacity;

(B) is one the party manifested that it adopted or believed to be true;

(C) was made by a person whom the party authorized to make a statement on the subject;

(D) was made by the party’s agent or employee on a matter within the scope of that relationship and while it existed; or

(E) was made by the party’s coconspirator during and in furtherance of the conspiracy.

Question 7

Criminal Law

General intent crimes DO NOT require?

Answer 7

General intent crimes do not require the establishing of a specific, conscious intent beyond the act itself.

Question 8

Criminal Law

What are the General Intent crimes?

Answer 8

Battery, Rape, Kidnapping, and False Imprisonment

Question 9

Admission by a party-opponent

Answer 9

An admission by a party-opponent is an exception to the prohibition against hearsay evidence in Rule 801.

The exception applies to the party’s own statements and any statements that were authorized or adopted by the party as well as certain statements made by an agent or coconspirator of the party.

This exception does not apply if the statements were made by a declarant who is not a party, or if the statement is not being offered against a party-opponent (e.g., it does not apply to the defendant’s own self-serving statements).