Admission of a party
Statement Against Interest
The adverse party had a meaningful opportunity to cross examine the declarant.
The declarant must be available to be cross examined in the current proceeding.
The declarant must be currently unavailable.
Hearsay and is inadmissible
Hearsay, but is admissible as an exception
Not hearsay because it is excluded from hearsay, thus admissible.
Overrule. The testimony is a statement against interest and is admissible as an exception to hearsay.
Sustain. The statement tends to expose Rafeal to criminal liability and nothing was offered to collaborate the statement.
The declarant must have suffered serious bodily injury.
The declarant, regardless of their belief, must die soon after making the statement.
The statement be made while the declarant believes their death is imminent and the declarant must actually die.
The statement be made while the declarant believes their death is imminent. However, the declarant need not actually die.
I changed my will because Giaus threatened me.
Gaius shot me.
Last week, I saw Gaius steal military secrets.
Giaus killed Billy.
A startling event
Statement is made under stress of excitement
Statement concerns the facts of the startling event
Almost precises contemporaneousness
The records are kept in the regular course of business.
The records are made solely in anticipation of litigation.
The records are kept for any reason, even if it is not related to the business.
The records are signed by the head of the company.
No. It is double hearsay and there are no applicable exceptions.
No. While the accident report falls under the business record exception, Lucille's statement is still hearsay without an exception.
No, while Lucille's statement is an admission and thus not hearsay, the accident report is hearsay that does not fall under any exception.
Yes. The accident record is admissible as a business record and Lucille's statement is admissible as an admission.
The Judge, who is not bound by the FRE when considering which facts to consider.
The Judge who is bound by the FRE when considering which facts to consider.
The Jury, who are not bound by the FRE when considering which facts to consider.
The Jury, who are bound by the FRE when considering which facts to consider.