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 she overheard between the defendant and a third party. The witness states, "The defendant told the third party, 'I can't believe I signed that contract; it's going to ruin me.'" The defendant's attorney objects, citing hearsay. How should the court rule?
- ASustain the objection, as the statement is not under oath.
- BOverrule the objection, as the statement is an excited utterance.
- CSustain the objection, as the statement is out-of-court and offered for its truth.
- DOverrule the objection, as the statement is a party-opponent admission.
Show answer & explanationAnswer & explanation
Correct answer: D. Overrule the objection, as the statement is a party-opponent admission.
The statement made by the defendant is a party-opponent admission. Such admissions are not considered hearsay under the Federal Rules of Evidence and are therefore admissible.
Why the other options are wrong
- A. Lack of oath is a characteristic of many out-of-court statements, but certain exceptions and exclusions, like party-opponent admissions, allow their admission.
- B. An excited utterance requires a startling event and a statement made while under the stress of excitement, which is not clearly indicated here.
- C. While the statement is out-of-court, it falls under an exception to hearsay, making it admissible.
Party-Opponent Admission
A statement offered against an opposing party that was made by the party in an individual or representative capacity, or by a person whom the party authorized to make a statement concerning the subject, or by the party's agent or employee on a matter within the scope of that relationship and while it existed, or by a coconspirator during and in furtherance of the conspiracy.
- Not considered hearsay under FRE 801(d)(2).
- Can be used as substantive evidence.
- Does not require personal knowledge by the declarant.
Memory trick: Hearsay: Hear Say? No Way! Unless it's a 'D.E.A.D. P.A.R.T.Y.' admission!