TN Bar Practice Questions - Tennessee Bar Examination Exam

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In a civil suit, a plaintiff offers a statement the defendant made admitting fault, offered against the defendant. The defendant objects on hearsay grounds. Under the Federal Rules, how is the statement classified?

Not hearsay, because it is an opposing party's statement (admission) under FRE 801(d)(2) Inadmissible hearsay with no exception Admissible only as a present sense impression Hearsay admissible only if the declarant is unavailable

Correct Answer:

Not hearsay, because it is an opposing party's statement (admission) under FRE 801(d)(2)

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