Bar Exam — MBE (Multistate Bar Exam)EvidenceEasy
During a civil trial for breach of contract, the plaintiff calls a witness to testify about a conversation he had with the defendant. The witness states, 'The defendant told me, 'I know I messed up the deal, and I'll pay for the damages.'' The defendant's attorney objects, arguing the statement is hearsay. How should the court rule?
- AOverruled, because the statement is a party-opponent admission.
- BSustained, because the statement is an opinion about fault.
- COverruled, because the statement is a declaration against interest.
- DSustained, because the statement is hearsay and does not fall under any exception.
Show answer & explanationAnswer & explanation
Correct answer: A. Overruled, because the statement is a party-opponent admission.
The defendant's statement is an out-of-court statement offered for the truth of the matter asserted (that he breached the contract and owes damages). However, it is admissible as a party-opponent admission (FRE 801(d)(2)) because it was made by the opposing party and is offered against that party.
Why the other options are wrong
- B. The statement is not merely an opinion; it's an acknowledgment of responsibility and intent to pay, directly relevant to the breach of contract. Even if an opinion, it's admissible as an admission.
- C. A declaration against interest (FRE 804(b)(3)) requires the declarant to be unavailable and the statement to be against their pecuniary, proprietary, or penal interest at the time it was made. This is a party admission, which does not require unavailability.
- D. While hearsay, it falls under the specific exclusion for party-opponent admissions.
Party-Opponent Admission (FRE 801(d)(2))
A statement made by an opposing party and offered against that party is not hearsay and is admissible. It can be the party's own statement, an adopted statement, a statement by an authorized person, an agent, or a co-conspirator.
- Defined as 'not hearsay' by FRE 801(d)(2), not a hearsay exception.
- Must be offered against the party who made or adopted the statement.
- No requirement for personal knowledge or unavailability of the declarant.
- Includes direct statements, adoptive admissions, statements by agents/employees, and co-conspirator statements.
Memory trick: Some Statements Aren't Hearsay, They're EXCLUDED.