Hearsay Exceptions (1)

Question 1

801 types of hearsay exceptions

Answer 1

(1) declarant-witness prior statements
(2) opposing party statement

Question 2

A declarant witness’ prior statement is admissible when they are ____ and it conforms with the rest of the rule

Answer 2

subject to cross

Question 3

801(d)(1)(A) states that a declarant-witness’ prior out of court statement can be hearsay exception when it is __

Answer 3

inconsistent with testimony AND was given under penalty or perjury at trial, hearing or other proceeding or in a deposition

Question 4

801(d)(1)(B) states that declarant-witness prior statement admissible if it is consistent with testimony and offered to ___

Answer 4

rebut charge that declarant recently fabricated it or acted from recent improper influence or motive in so testfiying OR to rehabilitate credibility when attacked on another ground

Question 5

801(d)(1)(C) admits declarant-witness prior statement when it ___

Answer 5

identifies person as someone declarant perceived earlier

Question 6

801(d)(2)(A) admits opposing party statement when ___

Answer 6

made by party in individual or representative capacity (direct admission)

Question 7

801(d)(2)(B) admits opposing party statement when

Answer 7

one that party manifested it adopted or believed to be true (adoptive admission)

Question 8

801(d)(2)(C) admits opposing party statement when

Answer 8

made by person party authorized to make a statement on their behalf

Question 9

801(d)(2)(E) admits opposing party statement when

Answer 9

made by party’s co-conspirator during and in furtherance of the conspiracy

Question 10

801(d)(2)(D) admits opposing party statement when

Answer 10

made by agent or employee on matter within the scope of that relationship and while it existed

Question 11

805 is about ___

Answer 11

hearsay within hearsay

Question 12

805 allows hearsay within hearsay when ___`

Answer 12

each part of the combined statements conforms with an exception to the rule

Question 13

The declarant’s statement by itself does not establish ___

Answer 13

• declarant authority under C
• existence/scope of relationship under D
• existence or participation in conspiracy

Question 14

For past inconsistent statements of declarant-witness made under oath at trial/hearing/deposition, the jury can ___

Answer 14

consider the statements for their truth

Question 15

Opposing party statement hearsay exceptions don’t require ___

Answer 15

first hand knowledge

Question 16

A party-opponents own statements are admissible under 801 whether ___

Answer 16

inculpatory or exculpatory

Question 17

Four requirements for adoptive admissions

Answer 17

• heard and understood the statement
• able to respond
• circumstances naturally called for a denial
• D failed to respond or responded but didn’t deny

Question 18

Real life examples of 801(d)(2)(c)

Answer 18

Trump’s lawyers

Question 19

Bourjaily holds that a judge must consider whether he can conclude ___

Answer 19

by preponderance if all prereqs of co-conspirators

Question 20

Bourjaily found there was enough for a conspiracy because ___

Answer 20

statements + something else (second guy showed up)

Question 21

Three factors for co-conspirator exception to hearsay

Answer 21

• conspiracy exists
• conspiracy between defendant and declarants
• statements were made during AND in furtherance of the conspiracy

Question 22

Billables show Phillips worked after saying she sustained injuries from airline. Admit?

Answer 22

Yes, party opponent own statement (she signed)

Question 23

Binns/D had told state trooper said he overheard Betty/P tell others it was her fault. Admit?

Answer 23

• What Betty said to others is admissible under d2A
• what Binns told to state trooper inadmissible UNLESS comes in to show consistency

Question 24

Signed Currency Seizure Report indicating she was claimant of money when she signed; thought she just had to sign to get money returned to hear.

Answer 24

Arguably didn’t understand so not adoptive admission but Capers would admit

Question 25

Undercover cop wants more drugs; Monroe says “get more from my buddy” → Beckham moves to get more. Arrests both.

Answer 25

meets four reqs of adoptive admission but stronger if he had said something like "he's the kingpin" and no denial

Question 26

In jailhouse meeting bw daughter/father, daughter asks why he wasn’t truthful. He points to camera recording meeting.

Answer 26

Key is whether circumstances don't call for denial, Defense no because of Miranda rights, Prosecution yes

Question 27

Wolf attacked 3 yo boy. Poos came home post-bite, immediately left note to Sexton, President of Canid Research Center (where wolf from) that “Sophie the wolf bit a child today.”

Answer 27

Can admit against Poos under d2A and against Center under d2D because speaking under employment

Question 28

How would you help Poos on retrial if defense attorney?

Answer 28

Ask him if he actually saw wolf bite the child (d2 doesn't require personal knowledge so get at it with question)

Question 29

In wolf example, the little boy cannot testify under ___

Answer 29

601, not competent

Question 30

Wolf attacked 3 yo boy. Poos came home post-bite, immediately left note to Sexton, President of Canid Research Center (where wolf from) that “Sophie the wolf bit a child today.” Corporate minutes also showed discussion about legal implications of bite. Can you BM admit against Center?

Answer 30

Yes because 801(d)(2)(D) in scope of employment so not hearsay BUT can argue should be excluded under 407, subsequent remedial measures

Question 31

Wolf attacked 3 yo boy. Poos came home post-bite, immediately left note to Sexton, President of Canid Research Center (where wolf from) that “Sophie the wolf bit a child today.” Corporate minutes also showed discussion about legal implications of bite. Can you BM admit against Poos?

Answer 31

No, hearsay because he didn't say it nor his agent

Question 32

Officer testimony about Lyman’s conversation with Delbert where both decided to kill brother.

Answer 32

- 805 problem - Lyman as declarant, during and in furtherance of conspiracy so admissible - officer statement not admissible under d2A or d2E but fits under other hearsay exception so 805 applies

Question 33

C person in robber group (ACDEG) says would be nice if had guns for robbery. Can A testify to C’s statement?

Answer 33

Yes, can against C and anyone else involved

Question 34

C person in robber group (ACDEG) says would be nice if had guns for robbery. A to gun owner: “I need a gun for a job I’m doing with some people.”

Answer 34

- can come against A under D2A - can come against others under d2E because in furtherance of conspiracy (even if they weren't around) but need some other evidence they were co-conspirators

Question 35

C tells gf that his group has job to do and promises to buy her diamond.

Answer 35

Not admissible, because not in furtherance of the conspiracy

Question 36

C says to gf Can you take care of kids tonight?” for the conspiracy

Answer 36

admit, in furtherance

Question 37

E secretly undercover cop.

Answer 37

Admit, technically co-conspirator

Question 38

G post-arrest confession.

Answer 38

inadmissible against co-conspirators because conspiracy over then but can be admissible against him under d2A