Evidence-Wellborn SU2006 Outline

Clarke poos 17 years old had been returning from his

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: tement by a person authorized by the party to make a statement concerning the subject. Agent or servant admissions Not limited to "speaking agents." As long as the agent's or servant's statement is made during the existence of the employment relationship and concerns a matter within the scope of the employment, it was admissible against the principal, even though the employee had no authority to speak for the principal. The statement however, must be made "during the existence of the relationship." Statements made by an employee in his resignation letter were not admissible against the employer! Agent or servant admissions Preliminary questions of fact: If an issue is presented whether the declarant was in fact an agent or employee against whom the statement is offered, or whether the statement concerned a matter within the scope of the agency or employment, the issue is for the court under Rule 104(a), with proponent having the burden of proof. Second sentence of Rule 801(d)(2) provides that the co...
View Full Document

Ask a homework question - tutors are online