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Hearsay

Terms in this set (31)

Correct Answer
Authorized spokesperson; partner; co-conspirator; principal-agent

An admission is frequently not the statement or act of the party against whom the admission is offered at trial. A party can be held vicariously liable for statements made by people with the following relationships to the party:

Authorized Spokesperson
The statement of a person authorized by a party to speak on its behalf (e.g., statement by company's press agent) can be admitted against the party as an admission.

Principal-Agent
Statements by an agent concerning any matter within the scope of her agency, made during the existence of the employment relationship, are admissible against the principal. Therefore, if a truck driver-employee has an accident while on the job and admits that she was negligent, this admission may be introduced against her employer even if she was not authorized to speak for the employer.

Partners
After a partnership is shown to exist, an admission of one partner, relating to matters within the scope of the partnership business, is binding upon her co-partners since, as to such matters, each partner is deemed the agent of the others.

Co-Conspirators
The Supreme Court has held that admissions of one conspirator, made to a third party in furtherance of a conspiracy to commit a crime or a civil wrong, at a time when the declarant was participating in the conspiracy, are admissible against co-conspirators. The government need not demonstrate the unavailability of a nontestifying co-conspirator as a prerequisite to admission of the co-conspirator's out-of-court statements under Rule 801(d)(2)(E). Also, the court may use the co-conspirator's statement itself, together with other evidence, to determine whether the statement is admissible. [Fed. R. Evid. 801(d)(2)] In other words, the proponent is not required to establish the existence of the conspiracy, and the participation of the declarant and party, with evidence that is entirely independent of the statement itself.

In contrast, admissions of a party are not receivable against her co-plaintiffs or co-defendants merely because they happen to be joined as parties to the action.