Not hearsay: an opposing party's statement. Which rule?

Not hearsay: an opposing party's statement. Which rule?

• A. Rule 803 (2)
• B. Rule 705
• C. Rule 803 (1)
• D. Rule 801(d)(2)

Answer: (D)

The key idea is that statements by the opposing party are treated as non-hearsay under the party-opponent rule. Specifically, Rule 801(d)(2) provides that a statement offered against an opposing party is not hearsay because it is considered an admission by the party opponent. This covers statements the party made themselves, adoptive admissions, or statements made by the party’s agent or co-conspirator in furtherance of a conspiracy, when offered against the party. Why this fits best: the rule directly addresses why an opposing party’s statement can be admitted as non-hearsay, focusing on admissions by the party or those acting for the party. The other options describe hearsay exceptions or unrelated rules (for example, present-sense impressions or excited utterances are hearsay exceptions, and Rule 705 concerns the data underpinning an expert’s opinion), which do not establish the not-hearsay status of an opposing party’s statement.

The key idea is that statements by the opposing party are treated as non-hearsay under the party-opponent rule. Specifically, Rule 801(d)(2) provides that a statement offered against an opposing party is not hearsay because it is considered an admission by the party opponent. This covers statements the party made themselves, adoptive admissions, or statements made by the party’s agent or co-conspirator in furtherance of a conspiracy, when offered against the party.

Why this fits best: the rule directly addresses why an opposing party’s statement can be admitted as non-hearsay, focusing on admissions by the party or those acting for the party. The other options describe hearsay exceptions or unrelated rules (for example, present-sense impressions or excited utterances are hearsay exceptions, and Rule 705 concerns the data underpinning an expert’s opinion), which do not establish the not-hearsay status of an opposing party’s statement.