§ 4.03 HEARSAY QUIZ

Hearsay Quiz Answers:

The quiz gives students practice with all of the major provisions of Rule 801, including the hearsay definition, prior statements, and admissions. Suggested answers:

1. HS
2. Non-HS (admission either by speaking agent or concerning matter within scope of agency)
3. Non-HS (knowledge)
4. HS
5. HS
6. Non-HS (credibility only)
7. Non-HS (pre-motive prior consistent)
8. Non-HS (not for truth, but credibility)
9. HS (doesn't qualify as non-HS prior inconsistent)
10. HS (assertive conduct)
11. Non-HS (prior identification)
12. Non-HS (nonassertive)
13. HS
14. Non-HS (not for truth)
15. HS (assuming "matter asserted" includes implication)
16. Non-HS (nonassertive conduct or noncompliant)
17. Non-HS (operative conduct or verbal act)
18. Non-HS (vicarious admission, assuming it "concerns" a matter within scope of agency)
19. Non-HS (assuming conspiracy, furtherance, and duration are inferable by preponderance)
20. HS (preponderance probably absent here; in any event, rule says statement alone insufficient)
21. HS
22. Non-HS (not offered for truth)
23. Non-HS (the issue isn't whether the combination of letters is "true" but whether it is identical to the registration - but note that proof of the registration may involve HS)
24. Non-HS (not offered for truth)
25. HS
26. Non-HS (not offered for truth but for bias)
27. Non-HS (non-human)
28. Non-HS (machine)

Note that there is room for disagreement with some of the answers suggested by the text authors, as set out above.