Question 1

Which of the following exceptions to the Hearsay Rule apply only if the declarant is unavailable?

Accepted Answer

A)  Admissions 
B)  Declaration Against Interest 
C)  Spontaneous Statements 
D)  All of these are admissible only if the declarant is not available 
A)  Admissions 
B)  Declaration Against Interest 
C)  Spontaneous Statements 
D)  All of these are admissible only if the declarant is not available

Question 2

Jerry and Kim were charged with grand theft for stealing a famous painting from a museum. The prosecution claims that Jerry planned the heist but the theft was carried out by Kim and Lewis. Lewis was given immunity in exchange for testifying against Jerry. Kim entered a guilty plea. Will Kim be allowed to testify that Mike, a mutual friend, told her that Jerry told him that he planned to sell the painting for $1 million?

Accepted Answer

A)  Yes, Kim's statement falls under co-conspirator statements. 
B)  Yes, Jerry's statement is an admission. 
C)  No, what Jerry told Mike is double hearsay. 
D)  No, Kim lacks credibility because she is a co-conspirator. 
A)  Yes, Kim's statement falls under co-conspirator statements. 
B)  Yes, Jerry's statement is an admission. 
C)  No, what Jerry told Mike is double hearsay. 
D)  No, Kim lacks credibility because she is a co-conspirator.

Question 3

Mary worked at a bank. Ned approached her teller's cage and gave her a demand note that said, "Go to the vault. Fill this sack with $20 bills. I've got a gun aimed at your head, so don't try anything heroic." Mary screamed. Ned shot her and ran out the door. Just before she died, Mary told an officer that Ned was her ex-husband and he had been robbing banks for years. Is the demand note hearsay?

Accepted Answer

A)  Yes, hearsay includes oral and written statements. 
B)  Yes, it was not notarized. 
C)  No, hearsay does not include written notes. 
D)  No, it is an admission. 
A)  Yes, hearsay includes oral and written statements. 
B)  Yes, it was not notarized. 
C)  No, hearsay does not include written notes. 
D)  No, it is an admission.

Question 4

How does a spontaneous statement differ from a contemporaneous declaration?

Accepted Answer

A)  Contemporaneous declarations can be made in response to questions but spontaneous statements can not 
B)  Spontaneous statements must be made orally but contemporaneous declarations can be either oral or written 
C)  Contemporaneous declarations can be made with law enforcement officers present but spontaneous statements can not 
D)  Spontaneous statements are admissible at trial but contemporaneous declarations are not 
A)  Contemporaneous declarations can be made in response to questions but spontaneous statements can not 
B)  Spontaneous statements must be made orally but contemporaneous declarations can be either oral or written 
C)  Contemporaneous declarations can be made with law enforcement officers present but spontaneous statements can not 
D)  Spontaneous statements are admissible at trial but contemporaneous declarations are not

Question 5

Oscar is on trial for beating Lola, his wife. Pat, a neighbor who saw Oscar hitting Lola, called the police. The violence escalated while Pat was talking to the 911 operator and Pat screamed, "He's going to kill her!" Lola was taken to the hospital. The officer confronted Oscar and asked him why he did it. Oscar did not answer. Five minutes later the officer arrested Oscar. The next day a police officer interviewed Lola and she made the following statement, "Oscar hit me because he was drunk. He does that all the time, but this time it was worse." Can Oscar's silence when the officer confronted him be used against him?

Accepted Answer

A)  Yes, failure to deny an allegation is admissible as an adoptive admission. 
B)  Yes, he was not in custody so Miranda does not apply. 
C)  No, failure to respond when confronted by an authority figure does not qualify as a tacit admission. 
D)  No, Oscar has a Fifth Amendment right to remain silent. 
A)  Yes, failure to deny an allegation is admissible as an adoptive admission. 
B)  Yes, he was not in custody so Miranda does not apply. 
C)  No, failure to respond when confronted by an authority figure does not qualify as a tacit admission. 
D)  No, Oscar has a Fifth Amendment right to remain silent.

Question 6

A co-conspirator's statement can be used at the trial of the other conspirator:

Accepted Answer

A)  only if the co-conspirator refuses to testify 
B)  only if both conspirators are on trial at the same time 
C)  only if the statement was made to the police 
D)  only if the statement was made during the course of the conspiracy 
A)  only if the co-conspirator refuses to testify 
B)  only if both conspirators are on trial at the same time 
C)  only if the statement was made to the police 
D)  only if the statement was made during the course of the conspiracy

Question 7

Which exception to the Hearsay Rule is the prosecution most likely to use when asking the detective to restate the defendant's confession if the defendant will testify at her own trial?

Accepted Answer

A)  Admissions 
B)  Declaration against Interest 
C)  Contemporaneous Declaration 
D)  The prosecutor could use any of these that he chooses 
A)  Admissions 
B)  Declaration against Interest 
C)  Contemporaneous Declaration 
D)  The prosecutor could use any of these that he chooses

Question 8

Under the Mental and Physical State Exception to the Hearsay Rule, the statement must be about:

Accepted Answer

A)  Currently existing mental or physical state 
B)  Physical or mental pain and suffering at that moment 
C)  Intent to commit a crime 
D)  Previously existing mental or physical state 
A)  Currently existing mental or physical state 
B)  Physical or mental pain and suffering at that moment 
C)  Intent to commit a crime 
D)  Previously existing mental or physical state

Question 9

Explain how the Admissions Exception to the Hearsay Rule applies to statements by the Defendant. Explain how the Admission Exception to the Hearsay Rule applies to statements made by the defendant that are not covered by Miranda .

Accepted Answer

The Admissions Exception to the Hearsay

Question 10

The Declaration Against Interest Exception to the Hearsay Rule requires that the statement be:

Accepted Answer

A)  against a pecuniary interest 
B)  self-incriminating 
C)  invalidates a civil claim 
D)  all of these qualify for the Declaration Against Interest Exception to the Hearsay Rule 
A)  against a pecuniary interest 
B)  self-incriminating 
C)  invalidates a civil claim 
D)  all of these qualify for the Declaration Against Interest Exception to the Hearsay Rule

Question 11

Statements admitted under the Mental and Physical State Exception to the Hearsay Rule can be used to:

Accepted Answer

A)  Establish a motive for committing the crime 
B)  Establish that a person's memory is not impaired 
C)  Prove the person is not paranoid by showing that prior events actually occurred 
D)  Statements about all of the these can be admitted under the Mental and Physical State Exception to the Hearsay Rule 
A)  Establish a motive for committing the crime 
B)  Establish that a person's memory is not impaired 
C)  Prove the person is not paranoid by showing that prior events actually occurred 
D)  Statements about all of the these can be admitted under the Mental and Physical State Exception to the Hearsay Rule

Question 12

A witness's prior consistent statements cannot be used to bolster his/her testimony.

Accepted Answer

A) True 
 B)False

Question 13

The Former Testimony Exception to the Hearsay Rule allows a transcript of sworn testimony to be used at trial. This would apply to testimony taken at:

Accepted Answer

A)  A preliminary hearing in the same case 
B)  Any criminal or civil proceeding in the same jurisdiction 
C)  A previous trial of the same defendant on any type of charges 
D)  All of these would qualify under the Former Testimony Exception to the Hearsay Rule 
A)  A preliminary hearing in the same case 
B)  Any criminal or civil proceeding in the same jurisdiction 
C)  A previous trial of the same defendant on any type of charges 
D)  All of these would qualify under the Former Testimony Exception to the Hearsay Rule

Question 14

The declarant is the person who originally made the statement.

Accepted Answer

A) True 
 B)False

Question 15

The prosecution can introduce a statement under the Former Testimony Exception to the Hearsay Rule to impeach but not as part of the prosecution's case in chief.

Accepted Answer

A) True 
 B)False

Which of the following exceptions to the Hearsay Rule apply only if the declarant is unavailable?

How does a spontaneous statement differ from a contemporaneous declaration?

A co-conspirator's statement can be used at the trial of the other conspirator:

Which exception to the Hearsay Rule is the prosecution most likely to use when asking the detective to restate the defendant's confession if the defendant will testify at her own trial?

Under the Mental and Physical State Exception to the Hearsay Rule, the statement must be about:

Explain how the Admissions Exception to the Hearsay Rule applies to statements by the Defendant. Explain how the Admission Exception to the Hearsay Rule applies to statements made by the defendant that are not covered by Miranda .

The Declaration Against Interest Exception to the Hearsay Rule requires that the statement be:

Statements admitted under the Mental and Physical State Exception to the Hearsay Rule can be used to:

A witness's prior consistent statements cannot be used to bolster his/her testimony.

The Former Testimony Exception to the Hearsay Rule allows a transcript of sworn testimony to be used at trial. This would apply to testimony taken at:

The declarant is the person who originally made the statement.

The prosecution can introduce a statement under the Former Testimony Exception to the Hearsay Rule to impeach but not as part of the prosecution's case in chief.

Introduction

The Role of the Courts

The Adjudication Process

Types of Evidence

Direct and Circumstantial Evidence

Witnesses

Crime Scene Evidence and Experiments

Documentary Evidence, Models, Maps, and Diagrams

Privileged Communications

Developing Law of Search and Seizure

Field Interviews, Arrests and Jail Searches

Plain View, Consent, Vehicle, and Administrative Searches

USA Patriot Act, Foreign Intelligence, and Other Types of Electronic Surveillance Covered by Federal Law

Self-Incrimination

Identification Procedures

Preparing the Case for Court

Filters

Exam 9: Hearsay and Its Exceptions

Which of the following exceptions to the Hearsay Rule apply only if the declarant is unavailable?

How does a spontaneous statement differ from a contemporaneous declaration?

A co-conspirator's statement can be used at the trial of the other conspirator:

Which exception to the Hearsay Rule is the prosecution most likely to use when asking the detective to restate the defendant's confession if the defendant will testify at her own trial?

Under the Mental and Physical State Exception to the Hearsay Rule, the statement must be about:

Explain how the Admissions Exception to the Hearsay Rule applies to statements by the Defendant. Explain how the Admission Exception to the Hearsay Rule applies to statements made by the defendant that are not covered by Miranda .

The Declaration Against Interest Exception to the Hearsay Rule requires that the statement be:

Statements admitted under the Mental and Physical State Exception to the Hearsay Rule can be used to:

A witness's prior consistent statements cannot be used to bolster his/her testimony.

The Former Testimony Exception to the Hearsay Rule allows a transcript of sworn testimony to be used at trial. This would apply to testimony taken at:

The declarant is the person who originally made the statement.

The prosecution can introduce a statement under the Former Testimony Exception to the Hearsay Rule to impeach but not as part of the prosecution's case in chief.

Introduction

The Role of the Courts

The Adjudication Process

Types of Evidence

Direct and Circumstantial Evidence

Witnesses

Crime Scene Evidence and Experiments

Documentary Evidence, Models, Maps, and Diagrams

Privileged Communications

Developing Law of Search and Seizure

Field Interviews, Arrests and Jail Searches

Plain View, Consent, Vehicle, and Administrative Searches

USA Patriot Act, Foreign Intelligence, and Other Types of Electronic Surveillance Covered by Federal Law

Self-Incrimination

Identification Procedures

Preparing the Case for Court

Filters