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Federal Evidence • Hearsay Exclusions
EVID#029
Legal Definition
A vicarious admission from an authorized spokesperson is a hearsay exclusion. It is a statement from a person authorized by the party to speak on their behalf (e.g., a press agent).
Plain English Explanation
The whole point of having a spokesperson is to provide confidence to others that speaking with the spokesperson is just as accurate as speaking with you directly. For example, if you have a question about SpaceX, you will probably have trouble getting directly in touch with Elon Musk to answer your question. Instead, you'd likely need to speak with some official SpaceX representative who can answer your question, and it is fair that the information they are providing you has been approved by SpaceX (and, to some extent, Elon Musk himself as a result of his policies and internal hiring structures).
Thus, if these approved spokespeople make an admission, whoever they represent may be held to have "vicariously admitted" to the same statement since it was made by their authorized representative.
Thus, if these approved spokespeople make an admission, whoever they represent may be held to have "vicariously admitted" to the same statement since it was made by their authorized representative.
Hypothetical
Hypo 1: Bob is a businessman and Sam is his spokesperson. One day, a newspaper reporter asked Bob about a lawsuit that was filed against his company involving exploding teddy bears. Bob said that he had no comment, but Sam, his authorized spokesperson, said on his behalf that the company was confident it would win even though their teddy bears accidentally included sticks of dynamite. Result: Later, the lawsuit went to trial, Bob, the businessman, is not present in court, but the statement made by Sam is allowed as evidence in court, as it is a vicarious admission that they were aware of the teddy bears having potential to explode.
Visual Aids
Related Concepts
Does California recognize the hearsay exclusion of a vicarious admission from a principal-agent?
How does the prior inconsistent statement hearsay exclusion differ in California?
How does the prior statement of identification hearsay exclusion differ in California?
What is an admission by a party-opponent?
What is an adoptive admission?
What is a prior consistent statement?
What is a prior inconsistent statement?
What is a prior statement of identification?
What is a vicarious admission from a co-conspirator?
What is a vicarious admission from a principal-agent?
