Question 1

Statements that are reliable and ______are the two reasons that justify the use of hearsay as evidence under certain circumstances.

Accepted Answer

A)  confidential 
B)  valid 
C)  timely 
D)  necessary 
A)  confidential 
B)  valid 
C)  timely 
D)  necessary D

Question 2

Statements of medical diagnosis need to be made by the patient to fall within the exception.

Accepted Answer

A) True 
 B)False  False

Question 3

All of the following are exempt from the hearsay rule except

Accepted Answer

A)  records of religious organizations. 
B)  certain family records and memorabilia. 
C)  documents affecting an interest in property. 
D)  a child's testimony. 
A)  records of religious organizations. 
B)  certain family records and memorabilia. 
C)  documents affecting an interest in property. 
D)  a child's testimony. D

Question 4

Which of the following exceptions to the hearsay rule would a marriage license be considered?

Accepted Answer

A)  past recollection exception 
B)  business records exception 
C)  official records exception 
D)  vital statistics exception 
A)  past recollection exception 
B)  business records exception 
C)  official records exception 
D)  vital statistics exception

Question 5

Unrestricted hearsay exceptions

Accepted Answer

A)  do not require that the declarant be inaccessible. 
B)  require that the declarant be accessible. 
C)  are only available to witnesses for the defense. 
D)  cannot be made out-of-court. 
A)  do not require that the declarant be inaccessible. 
B)  require that the declarant be accessible. 
C)  are only available to witnesses for the defense. 
D)  cannot be made out-of-court.

Question 6

The learned treatises exception does not cover statements published in magazines or books.

Accepted Answer

A) True 
 B)False

Question 7

A recorded statement of a declarant may be read into evidence or played for the trier of fact, provided that the

Accepted Answer

A)  declarant was a witness in the case 
B)  statement concerns a matter of which the declarant would have personal knowledge. 
C)  declarant cannot remember the matter such that he or she can testify accurately. 
D)  all of the above 
A)  declarant was a witness in the case 
B)  statement concerns a matter of which the declarant would have personal knowledge. 
C)  declarant cannot remember the matter such that he or she can testify accurately. 
D)  all of the above

Question 8

A declarant's statement, whether he or she is available, is admissible if the

Accepted Answer

A)  timing of the statement places it within the period when the declarant was observing the matter in question. 
B)  contents of the declarant's statement are valid. 
C)  declarant has passed away. 
D)  court hearing is held at the magistrate level. 
A)  timing of the statement places it within the period when the declarant was observing the matter in question. 
B)  contents of the declarant's statement are valid. 
C)  declarant has passed away. 
D)  court hearing is held at the magistrate level.

Question 9

The rationale for present sense impressions is necessity.

Accepted Answer

A) True 
 B)False

Question 10

Which one of the following is not a restriction that governs the business records exception?

Accepted Answer

A)  The statement must have been recorded during the regular course of business. 
B)  The statement must have been recorded as a record of some event or condition. 
C)  The statement must have been recorded at or near the time of the event or condition. 
D)  The statement must have been recorded with a government official present. 
A)  The statement must have been recorded during the regular course of business. 
B)  The statement must have been recorded as a record of some event or condition. 
C)  The statement must have been recorded at or near the time of the event or condition. 
D)  The statement must have been recorded with a government official present.

Question 11

The absence of records kept in accordance with the business records exception is admissible to prove the nonoccurrence or nonexistence of the matter and is known as

Accepted Answer

A)  silent hound exception. 
B)  hearsay exception. 
C)  business exception. 
D)  law enforcement exception. 
A)  silent hound exception. 
B)  hearsay exception. 
C)  business exception. 
D)  law enforcement exception.

Question 12

A writing by a government agency is admissible if it records

Accepted Answer

A)  personal observation. 
B)  objective reasoning. 
C)  acts of the agency. 
D)  findings of an investigation. 
A)  personal observation. 
B)  objective reasoning. 
C)  acts of the agency. 
D)  findings of an investigation.

Question 13

Recollection recorded and recollection refreshed are the exact same.

Accepted Answer

A) True 
 B)False

Question 14

This exception allows a written or voice recorded statement of a declarant to be read into evidence or played for the trier of fact, provided that a number of conditions are met.

Accepted Answer

A)  recorded recollection 
B)  then-existing mental, emotional, or physical condition 
C)  declarations against interest 
D)  reputation evidence 
A)  recorded recollection 
B)  then-existing mental, emotional, or physical condition 
C)  declarations against interest 
D)  reputation evidence

Question 15

A declarant's statement is admissible if the timing of the statement places it within the period when the declarant was observing the matter in question.

Accepted Answer

A) True 
 B)False

Question 16

This is a statement made by the declarant as the event or condition is occurring.

Accepted Answer

A)  vital statistics exception 
B)  distant declarants 
C)  present sense impression 
D)  contemptuous declarants 
A)  vital statistics exception 
B)  distant declarants 
C)  present sense impression 
D)  contemptuous declarants

Question 17

Evidence of past judgments is bound by the hearsay rule.

Accepted Answer

A) True 
 B)False

Question 18

A present sense impression is a statement made by the declarant as the event or condition is occurring.

Accepted Answer

A) True 
 B)False

Question 19

What is a key restriction on the "then-existing mental, emotional, or physical" hearsay exception?

Accepted Answer

A)  The statement must be made to at least two witnesses. 
B)  It does not permit statements of memory or belief. 
C)  It must be written down at the time of the statement. 
D)  The statement must be accompanied by a doctor's note. 
A)  The statement must be made to at least two witnesses. 
B)  It does not permit statements of memory or belief. 
C)  It must be written down at the time of the statement. 
D)  The statement must be accompanied by a doctor's note.

Question 20

What is the "then-existing mental, emotional or physical condition exception? What is the rationale?

Accepted Answer

In short, the then-existing mental, emot

Statements that are reliable and ______are the two reasons that justify the use of hearsay as evidence under certain circumstances.

Statements of medical diagnosis need to be made by the patient to fall within the exception.

All of the following are exempt from the hearsay rule except

Which of the following exceptions to the hearsay rule would a marriage license be considered?

Unrestricted hearsay exceptions

The learned treatises exception does not cover statements published in magazines or books.

A recorded statement of a declarant may be read into evidence or played for the trier of fact, provided that the

A declarant's statement, whether he or she is available, is admissible if the

The rationale for present sense impressions is necessity.

Which one of the following is not a restriction that governs the business records exception?

The absence of records kept in accordance with the business records exception is admissible to prove the nonoccurrence or nonexistence of the matter and is known as

A writing by a government agency is admissible if it records

Recollection recorded and recollection refreshed are the exact same.

This exception allows a written or voice recorded statement of a declarant to be read into evidence or played for the trier of fact, provided that a number of conditions are met.

A declarant's statement is admissible if the timing of the statement places it within the period when the declarant was observing the matter in question.

This is a statement made by the declarant as the event or condition is occurring.

Evidence of past judgments is bound by the hearsay rule.

A present sense impression is a statement made by the declarant as the event or condition is occurring.

What is a key restriction on the "then-existing mental, emotional, or physical" hearsay exception?

What is the "then-existing mental, emotional or physical condition exception? What is the rationale?

The American Criminal Court System

Some Important Underlying Concepts

Forms of Evidence

Obtaining Evidence and the Fourth Amendment

Searches and Arrests With Warrants

Exceptions to the Warrant Requirement

Self-Incrimination, Confessions, and Identification Procedures

Witness Competency, Credibility, and Impeachment

Examining Witnesses

Testimonial Privileges

The Hearsay Rule

How Different Types of Evidence Are Introduced

Wrongful Convictions

Filters

Exam 12: Exceptions to the Hearsay Rule

Statements that are reliable and ______are the two reasons that justify the use of hearsay as evidence under certain circumstances.

Statements of medical diagnosis need to be made by the patient to fall within the exception.

All of the following are exempt from the hearsay rule except

Which of the following exceptions to the hearsay rule would a marriage license be considered?

Unrestricted hearsay exceptions

The learned treatises exception does not cover statements published in magazines or books.

A recorded statement of a declarant may be read into evidence or played for the trier of fact, provided that the

A declarant's statement, whether he or she is available, is admissible if the

The rationale for present sense impressions is necessity.

Which one of the following is not a restriction that governs the business records exception?

The absence of records kept in accordance with the business records exception is admissible to prove the nonoccurrence or nonexistence of the matter and is known as

A writing by a government agency is admissible if it records

Recollection recorded and recollection refreshed are the exact same.

This exception allows a written or voice recorded statement of a declarant to be read into evidence or played for the trier of fact, provided that a number of conditions are met.

A declarant's statement is admissible if the timing of the statement places it within the period when the declarant was observing the matter in question.

This is a statement made by the declarant as the event or condition is occurring.

Evidence of past judgments is bound by the hearsay rule.

A present sense impression is a statement made by the declarant as the event or condition is occurring.

What is a key restriction on the "then-existing mental, emotional, or physical" hearsay exception?

What is the "then-existing mental, emotional or physical condition exception? What is the rationale?

The American Criminal Court System

Some Important Underlying Concepts

Forms of Evidence

Obtaining Evidence and the Fourth Amendment

Searches and Arrests With Warrants

Exceptions to the Warrant Requirement

Self-Incrimination, Confessions, and Identification Procedures

Witness Competency, Credibility, and Impeachment

Examining Witnesses

Testimonial Privileges

The Hearsay Rule

How Different Types of Evidence Are Introduced

Wrongful Convictions

Filters