How to Analyze Hearsay on an Evidence Essay (Pt. 2): What is NOT Hearsay? (FRE 801(d)) скачать в хорошем качестве

How to Analyze Hearsay on an Evidence Essay (Pt. 2): What is NOT Hearsay? (FRE 801(d))

Law school and bar exam prep trusted by 100,000+ students: https://www.studicata.com 00:00 Recap of Hearsay Analysis Hearsay analysis starts with Rule 801(c) to identify hearsay and then checks Rule 801(d) for statements that are categorically not hearsay. 01:20 Introducing Rule 801(d)(2) Rule 801(d)(2) makes an opposing party’s statements admissible against them, covering situations from confessions to damaging emails or texts. 03:39 Why Confessions Are Not Hearsay Confessions meet all elements of hearsay under 801(c) but are admissible under 801(d)(2), which is why Miranda rights warn suspects their words can be used against them. 06:36 Vicarious Admissions Statements by authorized spokespersons, agents, or co-conspirators can be imputed to a party and used against them under 801(d)(2). 09:09 The Key Limitation of 801(d)(2) You cannot use your own out-of-court statements for your benefit; the rule only applies when the opposing party’s statements are used against them. 10:04 Introducing Rule 801(d)(1) When the declarant is also the witness and subject to cross-examination, certain prior statements are not hearsay under 801(d)(1). 12:26 Prior Inconsistent Statements A prior inconsistent statement made under penalty of perjury can be admitted for its truth if the declarant testifies and is cross-examined. 15:10 Prior Consistent Statements These can rebut claims of fabrication, especially when the alleged motive to lie arose after the statement was made. 18:28 Statements of Identification A prior identification by a testifying witness who is subject to cross-examination is not hearsay under 801(d)(1)(C). 20:34 Wrapping Up Rule 801(d) Before declaring a statement hearsay, check if it fits 801(d)(1) or 801(d)(2); if not, proceed to exceptions in the next stage of analysis. Thinking about using Studicata? You’re in good company. ✅ Trusted by 100,000+ law students and bar takers ✅ Featured and recommended by top law schools ✅ Named the 81st fastest-growing education company in the U.S. by Inc. See why so many future lawyers choose us to study smarter—not harder: 👉 https://www.studicata.com