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
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?
Proponent’s Witness Admissions and Personal Knowledge Admissible Admission? Jury (I wasn’t there but) mechanic didn’t fix my brakes right Opponent
Proponent’s Witness Admissions and Lay Conclusions Admissible Admission? Jury (I’m no expert but) my mechanic didn’t fix my brakes right Opponent
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.
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
Proponent’s Witness Party’s Own Statement Jury Anything Opponent
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