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| Name | How to Analyze Hearsay on an Evidence Essay (Pt. 2): What is NOT Hearsay? (FRE 801(d)) |
| Video Uploader | Video From Studicata |
| Upload Date | This Video Uploaded At 25-10-2018 23:16:34 |
| Video Discription | 📚 LAW SCHOOL & BAR EXAM PREP Law school prep: https://studicata.com/law-school Bar exam prep: https://studicata.com/bar-exam Free courses: https://studicata.com/free-courses ❤️ COMMUNITY & REVIEWS Community: https://studicata.com/groups/community Testimonials: https://studicata.com/testimonials-and-reviews Submit a review: https://shoutout.studicata.com 📱 TECH iOS app: https://studicata.com/ios Android app: https://studicata.com/android 📣 ABOUT Studicata provides a fresher, more relatable way to prep for law school finals and the bar exam. With top-rated video lectures, exam walkthrough videos, outlines, study guides, strategy guides, essay practice exams, multiple-choice assessments, performance tracking, and more—Studicata has you covered with everything you need to ace your finals and pass the bar exam with confidence. Email: info@studicata.com Learn more: https://studicata.com 🎬 VIDEO INFO How to Analyze Hearsay on an Evidence Essay (Pt. 2): What is NOT Hearsay? (FRE 801(d)) HEARSAY (FRE 801(c)) An out-of-court statement that is offered to prove the truth of the matter asserted is hearsay UNLESS the statement satisfies a condition enumerated under Rule 801(d) of the Federal Rules of Evidence. NON-HEARSAY CONDITIONS (FRE 801(d)) A statement that meets the following conditions is NOT hearsay. DECLARANT-WITNESS'S PRIOR STATEMENTS (FRE 801(d)(1)) (A) Prior Inconsistent Statements An out-of-court statement that is offered to prove the truth of the matter asserted is NOT hearsay if: (1) the declarant testifies and is subject to cross-examination about the prior statement; (2) the prior statement is inconsistent with the declarant’s testimony; and (3) the prior statement was given under penalty of perjury at a trial, hearing, or other proceeding or in a deposition. (B) Prior Consistent Statements An out-of-court statement that is offered to prove the truth of the matter asserted is NOT hearsay if: (1) the declarant testifies and is subject to cross-examination about the prior statement; (2) the prior statement is consistent with the declarant’s testimony; and (3) the prior statement is offered to rebut an express or implied charge that the declarant recently fabricated the statement or acted from a recent improper influence or motive in so testifying; OR to rehabilitate the declarant's credibility as a witness when attacked on another ground. (C) Prior Statements of Identification An out-of-court statement that is offered to prove the truth of the matter asserted is NOT hearsay if: (1) the declarant testifies and is subject to cross-examination about the prior statement; and (2) the declarant identifies a person as someone the declarant perceived earlier. OPPOSING PARTY'S STATEMENTS (FRE 801(d)(2)) An out-of-court statement that is offered to prove the truth of the matter asserted is NOT hearsay if the statement is offered against an opposing party and: (1) was made by the party in an individual or representative capacity; (2) is one the party manifested that it adopted or believed to be true; (3) was made by a person whom the party authorized to make a statement on the subject; (4) was made by the party’s agent or employee on a matter within the scope of that relationship and while it existed; or (5) was made by the party’s co-conspirator during and in furtherance of the conspiracy. Learn more: https://studicata.com |
| Category | Education |
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