WI Bar Practice Questions - Wisconsin Bar Examination Exam

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Under Federal Rule of Evidence 801, an out-of-court statement offered to prove the truth of the matter asserted is hearsay. Which of the following is NOT hearsay under FRE 801(d)?

A statement by the declarant repeating what someone else said A prior inconsistent statement given under oath at a trial, hearing, deposition, or other proceeding; a prior consistent statement to rebut a charge of recent fabrication; a prior statement of identification; or a statement by an opposing party (party admission) An anonymous tip A casual hallway conversation

Correct Answer:

A prior inconsistent statement given under oath at a trial, hearing, deposition, or other proceeding; a prior consistent statement to rebut a charge of recent fabrication; a prior statement of identification; or a statement by an opposing party (party admission)

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