Exam 11: The Hearsay Rule

Two questions must be answered when determining whether a statement is offered in evidence to prove the truth of the matter asserted. These questions should focus on the content of the statement and the ______of the statement.

Which one of the following is not a safeguard to ensure that only competent evidence is presented in court?

One reason why witnesses take an oath before testimony is to make them feel compelled to tell the truth.

If a witness makes an out-of-court statement that contradicts his or her in-court testimony, the out-of-court statement is not considered hearsay.

Assume that Shady is on trial for narcotics offenses. Officer Vigilant testifies that Shady fled from her when she attempted to effect an arrest. This is an example of an

A nonverbal act can be considered hearsay if it

One exception to the confrontation clause is that youthful victims of assault are allowed to testify through a closed circuit television.

Statements of prior identification are simply out-of-court statements identifying a person after the declarant has seen the person.

Saying, "It's freezing in here!" when the heat is cut off in a home-a statement that is wholly subjective-is known as a(n)

One significant exemption concerns Miranda. If police officers advise a suspect of her Miranda right to remain silent and she __________, then this cannot be admitted into evidence as an implied admission of guilt.

Reliability theory holds that the confrontation clause requires the prosecutor to produce the "speaker" at trial whenever possible.

This theory holds that hearsay is permissible as long as it is reliable.

This out-of-court statement is not offered for the truth of the matter asserted when the (substantive) law makes uttering the statement a consequential fact.

The procedural rights theory holds that the state should gather and present as much live testimony as possible.

This is a type of hearsay exemption where silence, not conduct, serves as an admission of guilt.

Which of the following legal theories requires a prosecutor to produce the declarant of hearsay?

Raleigh was on trial for conspiracy to overthrow the King of Scotland.

Which of the following would be considered hearsay?

The Douglas v. Alabama (1965) case concerned the use of an out-of-court statement about a confession.

A prior statement of identification is exempt from the hearsay requirement.