What is Admission of Party Opponent?
A statement is not hearsay if offered against another party, and if that party is the declarant personally or in a representative capacity, or if the party had expressed belief in the statement's truth; or, if the statement is made by an agent of the party against whom it is being offered and concerns a matter within the scope of the employment and is made during the course of that employment. Also, if the declarant was a co-conspirator of the party and the statement was made during the course and in furtherance of the conspiracy, it is not hearsay.
Examples and Case Studies
Real-Life Example
Imagine a scenario where Alice is suing Bob for breach of contract. During a negotiation meeting, Bob admits, "I didn't fulfill my part of the contract because I was too busy." Alice's lawyer presents this statement in court as evidence. Because Bob made this statement personally, it qualifies as an admission of a party opponent and is not considered hearsay.
Case Study: Smith v. Jones
In the case of Smith v. Jones, Smith sued Jones for personal injury after a car accident. During the trial, Smith introduced an email from Jones to his insurance company admitting fault for the accident. Since Jones, the defendant, made the admission, the court accepted it as an admission of a party opponent and not hearsay.
Case Study: State v. Green
In State v. Green, the prosecution used statements made by Green’s business partner during their criminal conspiracy to commit fraud. These statements were made in furtherance of the conspiracy. Because the declarant was a co-conspirator of Green and made the statements during and in furtherance of the conspiracy, they were not considered hearsay and were admissible against Green.
Legal Requirements
| Requirement | Description |
|---|---|
| Party's Own Statement | The statement must be made by the party personally or in a representative capacity. |
| Agent's Statement | The statement can be made by an agent or employee of the party concerning a matter within the scope of their employment, made during the course of that employment. |
| Co-Conspirator's Statement | The statement can be made by a co-conspirator during and in furtherance of the conspiracy. |
| Admissibility | The statement is admissible as non-hearsay when offered against the party who made it or on whose behalf it was made. |
Common Issues and Disputes
Common issues in cases involving admissions of a party opponent often include:
- Determining whether the statement was made by the party, their agent, or a co-conspirator.
- Assessing whether the statement was made within the scope of employment or in furtherance of a conspiracy.
- Ensuring the statement is used against the party who made it or on whose behalf it was made.
- Evaluating the credibility and context of the statement to ensure it meets the criteria for admission.
Further Reading
For more detailed information, see our related Evidence terms:
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