Term
T or F
If A leaves the conspiracy, but B and C continue the conspiracy without him, statements made by B and C after A leaves may be admitted against A. |
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Definition
| False: A has left the conspiracy, those statements can not be used against him. |
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Term
T or F
A leaves conspiracy, but B and C continue the conspiracy without him. Statements made by A to the authorities after he has left might be admissible against B and C if their conspiracy is still continuing. |
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Definition
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Term
T or F
Statements made by B and C before A joins the conspiracy are admissible against A. |
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Definition
True:
When a conspirator enters an ongoing conspiracy, he is held to have adopted the earlier statements of fellow conspirators. |
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Term
| What are the 4 categories of non-hearsay under 801 (d)? |
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Definition
1) Prior inconsistent statement
2) Prior consistent statement
3) Statement of identification
4) Admission by party opponent |
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Term
| What are the 5 types of admission by party opponent |
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Definition
1) Party's own statement
2) Adopted statement
3) Representative admission
4) Vicarious admission
5) Co-conspirator admission |
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Term
| Can an admisison by a party opponent ever be used against the government? |
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Definition
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Term
| In order for an admission by a party opponent to be admissible, under the non-hearsay 801 (d) does the declarant have to testify? |
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Definition
| No; declarant only has to testify if it's a criminal conspiracy |
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Term
T or F
In a criminal trial; can an involuntary confession be used as an admission by a party opponent? |
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Definition
| No; they can not be used when the State is playing a role |
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Term
| Can an admission by a party opponent be made when the party is in an altered state? |
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Definition
| Yes; just not severly injured or asleep |
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Term
| What is the only requirement for an admission of the party's own statement? |
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Definition
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Term
T or F
In order for an adopted statement to be used as an admission the party must have knowledge of the content and knowledge of the individual making the statement. |
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Definition
| False - just have to have knowledge of the person making the statement, does not have to have knowledge of the content |
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Term
| What are the 3 requirements for silence to be an adoptive statement? |
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Definition
1) Party must hear statement
2) Matter asserted was within party's knowledge
3) The occasion and nature of the statement we such that the party would likely have replied if he didn't accept what was said |
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Term
Admission or can't be used as admission?
Silence after post-miranda |
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Definition
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Term
Admission or can't be used as admission?
Silence in response to police question? |
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Definition
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Term
If a party fails to deny a statement, can that failure be used as an adopted statement?
Civil?
Criminal? |
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Definition
Civil- yes; it's generally admissible
Crimina- Post arrest/post-miranda silence can't be used; pre-arrest, pre-miranda silence CAN be used as admission |
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Term
Admissible or Not-admissible as a representative admission?
Pleadings from prior lawsuits |
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Definition
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Term
Admissible or Not-admissible as a representative admission?
Pre-amended pleadings in present case |
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Definition
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Term
Admissible or Not-admissible as a representative admission?
Answers to interrogatives |
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Definition
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Term
Admissible or Not-admissible as a representative admission?
Alternative pleadings in CIVIL trials |
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Definition
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Term
Admissible or Not-admissible as a representative admission?
Alternative pleadings in criminal trials |
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Definition
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Term
Admissible or Not-admissible as a representative admission?
Requests to admit for a subsequent litigation |
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Definition
| not admissible; only bind the litigation for which they are made |
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Term
T or F
Statements between agent and principal are the only statements included under the representative admission under the admission by party opponent 801 (d) |
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Definition
| False; it also includes statements to 3rd parties |
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Term
| What are the 2 requirements for a vicarious admission to be considered an admission by a party opponenet? |
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Definition
1) Must concern a matter within the scope of the agency or employment
2) Must be made during the existence of the agency/employee relationship |
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Term
| Are statements made by independent contractors considered vicarious admissions? |
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Definition
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Term
| Can statements made by public officials be used against the government as a vicarious admission? |
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Definition
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Term
| In order for a statement made by an employee to be used as a vicarious admission, can the statement be the sole piece of evidence used to prove the point? |
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Definition
| No; must have something else |
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Term
| In order for a statement made by an employee to be used as a vicarious admission, does the employer have to have personal knowledge of the statement? |
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Definition
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Term
| What are the 3 requirements for a statement by a co-conspirator to be used as an admission? |
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Definition
1) Declarant and D must have conspired
2) the statement must have furthered the conspiracy
3) made during the course of the conspiracy (arrest stops it) |
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Term
T or F
Statements by a co-conspirator can only be used in a criminal trial where the conspiracy has been charged. |
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Definition
False
Can be used in civil and criminal; regardless of whether conspiracy has been charged. |
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Term
| Can the content of the statement be the sole proof of a conspiracy in order for the statement to be used as an admission by a party opponent? |
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Definition
| No; must be something else |
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Term
| Who determines if there is an actual conspiracy? What is the standard, who holds the burden? |
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Definition
1) Judge 104a
2) Preponderance of evidence
3) Proponent |
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Term
T or F
An admission by a party opponent can only be used to impeach |
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Definition
| False; can also be used substantively |
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