AL Bar Practice Questions - Alabama Bar Examination Exam

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A party offers an out-of-court statement by a co-conspirator made during and in furtherance of the conspiracy. The opposing party objects on hearsay grounds. Under FRE 801(d)(2)(E), how is the statement classified?

Inadmissible hearsay Hearsay admissible only under the dying-declaration exception Non-hearsay as a statement of a party-opponent's co-conspirator made during and in furtherance of the conspiracy Admissible only if the conspiracy was charged

Correct Answer:

Non-hearsay as a statement of a party-opponent's co-conspirator made during and in furtherance of the conspiracy

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