Hearsay: Exceptions

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HearsayExceptions Exclusions
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Venn Diagram
Not Offered for TOMS (Outside Basic Definition)
Exceptions 803 804 807
Exclusions 801(d)(1) 801(d)(2)
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Admissions801(d)(2)
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In Court Admissions
I ran the red light
In Court Admissions Are Not 801(d) Admissions
They Are Not HS Because Not W/In Basic Def
Have observer tell jury what he saw
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Admissions Need Not Admit
I ran the red light
I did not run the red light
Dads name is Fred
Admission?
Admission?
Admission?
Proponents Witness
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Admissions and Personal Knowledge
(I wasnt there but) mechanic didnt fix my
brakes right
Admissible Admission?
Proponents Witness
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Admissions and Lay Conclusions
(Im no expert but) my mechanic didnt fix my
brakes right
Admissible Admission?
Proponents Witness
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• Admissions dont need to admit.
• Admissions dont need to be based on personal
  knowledge.
• Admissions can express lay opinions on issues
  that normally would require expert testimony.

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Five Types of Admissions

• Direct Admission
• Partys Own Statements
• Adopted Statements

• Partys Own Statement
• Adopted Statements
• Certain Statements by Authorized Speakers
• Certain Statements by Employees
• Certain Statements by Co-conspirators

• Vicarious Admissions
• Certain Statements By
• Authorized Speakers
• Employees
• Co-Conspirators

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Anything
Partys Own Statement
Proponents Witness
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Anything
Adopted Statement
Yup
Anybody
Proponents Witness
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Adopted Statement (Admision by Silence
He was driving like a maniac
Silence
Anybody
Proponents Witness
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Elements of Admissions by Silence

• Party Present
• Party Heard
• Party Understood
• Party Able to Respond

PHUA
R E D I F
Reasonable to Expect Denial If False
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Problem 23 - Pt 1
Do Problem 23 Part 1
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Anything
Statement by Speaking Agent
Person Authorized to Speak for Opponent
Proponents Witness
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Problem 23 - Pt 2
Do Problem 23 Part 2
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I hire you to be my driver but you may not speak
on my behalf on any issue
OK. I acknowledge that I have no authority to
speak for you on any matter whatsoever
Employer
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BAM Statement by Employee
I ran the red light.
Opponents Employee
Proponents Witness
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Elements of Employee Admissions
BAM

• By an employee
• About a matter within the scope of employment
• Made while employed

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Problem 24
Do Problem 24
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Grape Case We screwed up and well make it
right.

• Ds VP for PR
• Ds VP for Quality Control
• Member of Ds Board of Directors
• Ds President
• Ds Immediate Past President

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Co-Conspirator Admissions

• Conspiracy existed
• Declarant is co-conspirator of opponent of the
  evidence
• Statement was made during the conspiracy
• Statement was made to further the conspiracy

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Co-Conspirator Admissions (The BID
Requirements)
B ID

• By a co-conspirator
• In furtherance of the conspiracy
• During the conspiracy

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Lets go rob a bank.
What a smashing idea! Yes lets do it!
Crook 1
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Co-C to Police Officer
Admissible?
Crook 2 shot the guard
Crook 1
Police Officer (Ps Witness)
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Co-C to Bartender 1
Admissible?
Crook 2 shot the guard
Crook 1
Bartender (Ps Witness)
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Co-C to Bartender 2
Crook 2 shot the guard and we need a place to
hide out
Admissible?
Crook 1
Bartender (Ps Witness)
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Creation of Conspiracy
Lets go rob a bank.
What a smashing idea! Yes lets do it!
Crook 1
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Co-C to Bartender 2
Lets go rob a bank.
Admissible against C2 to show conspiracy?
Sufficient against C2 to show conspiracy?
Yes lets do it!
Bartender (Ps Witness)
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Problem 25
Do Problem 25
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Problem 26
Do Problem 26
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Elements of Admissions by Silence
PHUA
Party Present Party Heard Party Understood Party
Able to Respond
Who decides? Judge or Jury? 104(a) or 104(b)
R E D I F
Reasonable to Expect Denial If False