Under the Federal Rules of Evidence and in a number of jurisdictions, which of the following are specifically defined as being excluded from the hearsay rule, even though it may appear to be hearsay?

a. Admission by a party opponent.
b. Prior consistent statements and inconsistence statements under oath.
c. Prior statements of identification after perceiving the person.
d. all of the above.

The correct answer is d. all of the above.

Explanation:

The Federal Rules of Evidence codify the right of proof that is applied in federal courts of the United States. In addition, many states in the United States have either adopted the Federal Rules of Evidence, with or without local variations, or have revised their own test rules or codes to at least partially follow federal regulations.

There are 67 individually numbered rules, divided among the 11 articles:

General Provisions Judicial notice Assumptions in civil actions and Procedures Relevance and its limits privileges Witnesses Expert opinions and testimonials Rumors Authentication and Identification Content of writings, recordings and photographs Miscellaneous Rules

The Rules embody some very common concepts, and lawyers often refer to those concepts by the number of rules. The most important concept - the balance of relevance vis-à-vis other competing interests - is embodied in Rule 403.

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