LAW SCHOOL & BAR EXAM PREP

Law school prep: https://studicata.com'>https://studicata.com/getstarted/law...
Bar exam prep: https://studicata.com'>https://studicata.com/getstarted/bar...


CONNECT WITH YOUR INSTRUCTOR

Michael's Instagram:   / studicataguy  


❤ COMMUNITY & REVIEWS

Community: https://studicata.com'>https://studicata.com/groups/community'>https://studicata.com'>https://studicata.com/groups/community
Testimonials: https://studicata.com'>https://studicata.com/testimonialsan...
Submit a review: https://shoutout.studicata.com


TECH

iOS app: https://studicata.com'>https://studicata.com/ios'>https://studicata.com'>https://studicata.com/ios
Android app: https://studicata.com'>https://studicata.com/android'>https://studicata.com'>https://studicata.com/android


ABOUT

Studicata provides a fresher, more relatable way to prep for law school finals and the bar exam. With toprated video lectures, exam walkthrough videos, outlines, study guides, strategy guides, essay practice exams, multiplechoice assessments, performance tracking, and more—Studicata has you covered with everything you need to ace your finals and pass the bar exam with confidence.

Email: [email protected]

Learn more: https://studicata.com'>https://studicata.com


VIDEO INFO

How to Analyze Hearsay on an Evidence Essay (Pt. 2): What is NOT Hearsay? (FRE 801(d))

HEARSAY (FRE 801(c))

An outofcourt statement that is offered to prove the truth of the matter asserted is hearsay UNLESS the statement satisfies a condition enumerated under Rule 801(d) of the Federal Rules of Evidence.

NONHEARSAY CONDITIONS (FRE 801(d))

A statement that meets the following conditions is NOT hearsay.

DECLARANTWITNESS'S PRIOR STATEMENTS (FRE 801(d)(1))

(A) Prior Inconsistent Statements

An outofcourt statement that is offered to prove the truth of the matter asserted is NOT hearsay if: (1) the declarant testifies and is subject to crossexamination about the prior statement; (2) the prior statement is inconsistent with the declarant’s testimony; and (3) the prior statement was given under penalty of perjury at a trial, hearing, or other proceeding or in a deposition.

(B) Prior Consistent Statements

An outofcourt statement that is offered to prove the truth of the matter asserted is NOT hearsay if: (1) the declarant testifies and is subject to crossexamination about the prior statement; (2) the prior statement is consistent with the declarant’s testimony; and (3) the prior statement is offered to rebut an express or implied charge that the declarant recently fabricated the statement or acted from a recent improper influence or motive in so testifying; OR to rehabilitate the declarant's credibility as a witness when attacked on another ground.

(C) Prior Statements of Identification

An outofcourt statement that is offered to prove the truth of the matter asserted is NOT hearsay if: (1) the declarant testifies and is subject to crossexamination about the prior statement; and (2) the declarant identifies a person as someone the declarant perceived earlier.

OPPOSING PARTY'S STATEMENTS (FRE 801(d)(2))

An outofcourt statement that is offered to prove the truth of the matter asserted is NOT hearsay if the statement is offered against an opposing party and: (1) was made by the party in an individual or representative capacity; (2) is one the party manifested that it adopted or believed to be true; (3) was made by a person whom the party authorized to make a statement on the subject; (4) was made by the party’s agent or employee on a matter within the scope of that relationship and while it existed; or (5) was made by the party’s coconspirator during and in furtherance of the conspiracy.

Learn more: https://studicata.com'>https://studicata.com