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16 Cards in this Set
- Front
- Back
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Does the party who made the statment have to have direct knowledge of what they have stated?
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No they do not
Think of a dog bite case If a dog bites a child, and hte owner later says "my dog bit him on the arm" even if the owner was not around, it is still an admission |
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What is the scope that party opponent admissions are allowable
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It is a very broad discretion, iwth almost anything by the party is allowed in
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What scenarios are included under opposing party's statement (And the section number)?
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801(d)(2)
Has to be offered against the opposing party and be one of the following 1)Made by the party in an individual or prepresentative capacity 2)is one the party adopted or believed to be true 3)Was made by a person whom the party authroized to make a statement on the subject 4)was made by the party's agent or employee on a matter within the scope of the relationship 5)was made by the party's coconspirator during and in furtherance of the act |
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Are appologies allowed as an admission
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In most states, statements of regret to a party do not count as an admission
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Statements by an injured opposing party
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Depends on the jurisdiction
Some jurisdictions do not allow statements within a certain time after the injury because of infludences of the mind altering medications or pain influenced thought processes A statement from a person that is asleep will not be allowed in because it is not a conscious statement |
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Statements of a party opponent and the 5th Amendment
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Involuntary confessions are barred if the state actor place an active role
A Miranda Violation will usually bar a statement from getting in (unless perjury issues come up) |
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Confessions and their admittance procedures
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A judge has to determine if a confession is voluntary before submission to a jury
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Confessions of one party opponent that may prejudice another in criminal court (Spillover Confession)
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There is an authorized severance of the parties under FRCrimP
Judge has to weigh the prejudicial value to the case, and the effectiveness of a jury instruction in correcting the issue. If joined defendants, then you cannot confront your accuser This is not an issue in a civil csase because there is no 5th amendment protection regarding implications of self |
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Adoptive admissions
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Can answer in the affirmative to a quesiton of guilt, and it will still be a confession
Ex.- "Were you speeding?" "Yes" |
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Tacit admissions
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If a party fails to respond to accusatory statements or other such accusations that a reasonable person would have spoken up for, his silence may be considered an implied admission all three of the following are present:
1)The party must have heard and understood the statement 2)The party must have been physically and mentally capable of denying the statement 3)A reasonable person would have denied the accusation Of course, silence to police will almost never be used as an implied admission of a criminal act. |
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Post-Miranda Silence
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CANNOT be used in trial. Is a constitutional violation of due process rights
Remember the Scaringe case and the editing of the DVD by that scumbag pig-****** Delehanty Is unambiguous, and no meaning should be looked into it because it is a granted right by the constitution This does not apply, of course, to pre-arrest silence It is the Miranda warning that makes it constitutionally unfair to be used against someone |
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Admisssions by an agent who is authorized to speak for the accused
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An agent's words are verbal acts when they commit the principal and when they are offered to prove the commitment
An agent is contracting to sell a barn. States there is a tractor known to be in the barn and goes with the sale Seller Principal cannot later say he had no idea the tractor was in there and ask for it back If an employee is hired to do a job, not speak for a principal, and injures another person, the employee's later statements are allowable It is untenable to allow a person to represent a company in some manner (inherent agency for instance) then not be able to charge the principal when his employee ***** up Typically will not be allowed to be used against the government because agents cannot bind the government Remember to check if the "employee" is actually an independent contractor rather than an agent of the company |
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Statements by a Co-Conspirator
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Statement is admissible if
1)The Declarant and the defendant conspired AND 2)The statement was made during the course of the venture AND 3)The statement was in the furtherance of the conspiracy This is available in both civil and criminal cases |
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Proving a Co-Conspirator Statement
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It is extremely difficult to prove, as there are 3 elements that must be found (conspired, course of venture, and furtherance of conspiracy)
Judge must determine proof of a conspiracy under a preponderance standard It is mmuch easier to get in as a statement of an agent ( co-conspirator was an agent for the illegal act) |
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Statements made in the concealment phase of a conspiracy
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Not Admissible as a co-conspirator statement
The statements have to be made during the main objectives of the conspiracy, hiding is not an actual conspiracy |
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James hearing in the 5th Circuit
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A hearing where the π must present evidence to prove a conspiracy, and the connection of the ∆ before the issue is presented to the jury
Other jurisdictions, the court can pick any time it wants to conduct a hearing about co-conspiracy Still have to actually present in court because π may not be able to prove in court, or ∆ may keep it out |
