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Hearsay: Exceptions & Exclusions Exclusions 801(d)(1) 801(d)(2) Exceptions 803 804 807 Not Offered for TOMS (Outside Basic Definition) Venn Diagram.

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Presentation on theme: "Hearsay: Exceptions & Exclusions Exclusions 801(d)(1) 801(d)(2) Exceptions 803 804 807 Not Offered for TOMS (Outside Basic Definition) Venn Diagram."— Presentation transcript:

1

2 Hearsay: Exceptions & Exclusions

3 Exclusions 801(d)(1) 801(d)(2) Exceptions 803 804 807 Not Offered for TOMS (Outside Basic Definition) Venn Diagram

4 Admissions 801(d)(2)

5 In Court “Admissions” Have observer tell jury what he saw I ran the red light In Court “Admissions” Are Not 801(d) Admissions Jury They Are Not HS Because Not W/In Basic Def

6 Proponent’s Witness “Admissions” Need Not “Admit” Admission? Jury I ran the red light Opponent I did not run the red light Dad’s name is Fred Admission?

7 Proponent’s Witness Admissions and Personal Knowledge Admissible Admission? Jury (I wasn’t there but) mechanic didn’t fix my brakes right Opponent

8 Proponent’s Witness Admissions and Lay Conclusions Admissible Admission? Jury (I’m no expert but) my mechanic didn’t fix my brakes right Opponent

9 Admissions don’t need to “admit.” Admissions don’t need to be based on personal knowledge. Admissions can express lay opinions on issues that normally would require expert testimony.

10 Party’s Own Statement Adopted Statements Certain Statements by Authorized Speakers Certain Statements by Employees Certain Statements by Co- conspirators Five Types of Admissions Vicarious Admissions Certain Statements By: Authorized Speakers Employees Co-Conspirators Direct Admission Party’s Own Statements Adopted Statements

11 Proponent’s Witness Party’s Own Statement Jury Anything Opponent

12 Proponent’s Witness Adopted Statement Jury Anything Opponent Yup Anybody

13 Proponent’s Witness Adopted Statement (Admision by Silence Jury He was driving like a maniac Opponent [Silence] Anybody

14 Elements of Admissions by Silence PHUAPHUA Party Present Party Heard Party Understood Party Able to Respond R E D I F Reasonable to Expect Denial If False

15 Problem 23 - Pt 1 Do Problem 23 Part 1

16 Proponent’s Witness Statement by “Speaking Agent” Jury Anything Person Authorized to Speak for Opponent

17 Problem 23 - Pt 2 Do Problem 23 Part 2

18 I hire you to be my driver but you may not speak on my behalf on any issue Employee OK. I acknowledge that I have no authority to speak for you on any matter whatsoever Employer

19 Proponent’s Witness “BAM” Statement by Employee Jury I ran the red light. Opponent’s Employee

20 Elements of Employee Admissions By an employee About a matter within the scope of employment Made while employed B A M

21 Problem 24 Do Problem 24

22 Grape Case: “We screwed up and we’ll make it right.” D’s VP for PR D’s VP for Quality Control Member of D’s Board of Directors D’s President D’s Immediate Past President

23 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

24 Co-Conspirator Admissions (The “BID Requirements”) By a co-conspirator In furtherance of the conspiracy During the conspiracy B I D

25 Let’s go rob a bank. Crook #2 What a smashing idea! Yes let’s do it! Crook #1

26 Police Officer (P’s Witness) Admissible? Jury Crook #2 shot the guard Crook #1 Co-C to Police Officer

27 Bartender (P’s Witness) Admissible? Jury Crook #2 shot the guard Crook #1 Co-C to Bartender 1

28 Co-C to Bartender 2 Bartender (P’s Witness) Admissible? Jury Crook #1 Crook #2 shot the guard and we need a place to hide out

29 Creation of Conspiracy Let’s go rob a bank. Crook #2 What a smashing idea! Yes let’s do it! Crook #1

30 Co-C to Bartender 2 Bartender (P’s Witness) Admissible against C#2 to show conspiracy? Jury Let’s go rob a bank. Yes let’s do it! Sufficient against C#2 to show conspiracy?

31 Problem 25 Do Problem 25

32 Problem 26 Do Problem 26

33 Elements of Admissions by Silence PHUAPHUA R E D I F Reasonable to Expect Denial If False Who decides? Judge or Jury? 104(a) or 104(b) Party Present Party Heard Party Understood Party Able to Respond


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