Deck 10: Hearsay

Question 1

The precursor to the American hearsay rule originated in the 1600s immediately following the

A) Sir Walter James
B) Sir William Wallace
C) Sir Edward Smyth
D) Sir Walter Raleigh

Answer 1

Sir Walter Raleigh

Question 2

Originally, which court defined hearsay as any statement to which neither the Crown nor the defendant is privy?

A) English
B) French
C) Spanish
D) Persian

Answer 2

English

Question 3

There are how many broad categories of hearsay?

A) Two
B) Three
C) Four
D) Six

Answer 3

Two

Question 4

Per the Federal Rules of Evidence, those statements considered to be hearsay are those statements which are:

A) Oral
B) Written
C) Nonverbal
D) Only a and b

Question 5

If a witness testifies that when she asked where brother was, her friend pointed to the trunk of his care where the body of her murdered brother was. This is known as what type of statement?

A) Admission
B) Verbal assertion
C) Nonverbal assertion
D) Hostile statement

Question 6

Out-of-court statements made by a party to the case (in criminal cases), the defendant(s) are not considered to be hearsay as they are actually made by the defendant themselves. They fall into all but one of the following categories:

A) Admissions by silence
B) Mental anguish
C) Adoptive admissions
D) Admissions by conduct

Question 7

With regards to dealing with admission by silence, the courts have established some guidelines for evaluation of such. Which of the following requirements is not usually considered:

A) The presence of physical or emotional impediments
B) The absence of existing relationships, which may lessen the likelihood of confrontation
C) The statement itself be of such a nature that if untrue would demand a denial
D) The person to whom the admission by silence is inferred must have heard and understood the statement in question including a demonstration that the listening party had knowledge of the subject matter.

Question 8

A statement, of which the party has manifested a belief in its truth, is known as an:

A) Admission by silence
B) Admission by conduct
C) Adoptive admissions
D) None of the above

Question 9

If you are confronted by statement elements, of which are untruthful and choose not to challenge these assertions, your action is admission of guilt by:

A) Adoptive admissions
B) Admission by silence
C) Admission by conduct
D) Self-confession

Question 10

In which of the following ways might a defendant obstruct justice?

A) Flee
B) Conceal evidence
C) Threaten witnesses
D) All of the above

Question 11

A statement made by a co-conspirator is considered by the courts as:

A) Hearsay
B) Non-hearsay
C) Truthful
D) Self-incrimination

Question 12

Co-conspirator statements are admissible because they have what kind of reliability?

A) Prima facie indicia
B) Nolo contendere
C) Indicia of reliability
D) None of the above

Question 13

The Court has ruled that the some statements are admissible as exceptions to the Hearsay Rule because the witness is unavailable. These include all but one of the following?

A) New testimony
B) Dying declaration
C) Statement against interest
D) Statement of family history

Question 14

In order for a witness to be declared "unavailable" due to testimonial privilege, they must first present which of the following legal justifications?

A) Insufficient memory
B) Absence
C) Infirmity
D) All of the above

Question 15

Which of the following is an exception to the Hearsay Rule, that is grounded in the theory that some statements are inherently trustworthy?

A) Declaration of immunity
B) Dying declaration
C) Independent declaration
D) None of the above

Question 16

Who may solicit a dying declaration?

A) Police officers
B) Clergy
C) Private persons
D) All of the above

Question 17

Which of the following is not one of the situations in which hearsay statements of available witnesses may be introduced?

A) Excited utterances
B) Religious records
C) Reputation
D) None of the above

Question 18

Under the Federal Rules of Evidence, a variety of regularly kept records exceptions to the Hearsay Rule exists. Which of the following are categories of permissible statements?

A) Public records and reports
B) Records of vital statistics
C) Family records
D) All of the above

Question 19

Which Federal Rule of Evidence provides a mechanism in which opposing counsel may question or otherwise impeach a witness?

A) FRE 805
B) FRE 806
C) FRE 807
D) FRE 809

Question 20

A witness must introduce all evidence in a criminal trial.

Question 21

The precursor to the American hearsay rule originated in the 1600s immediately following the trial of Sir William Wallace.

Question 22

The common-law definition of hearsay continued in the United States until the ratification of the Declaration of Independence.

Question 23

In American courts, hearsay may be defined as any statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.

Question 24

There are only two broad categories of hearsay.

Question 25

The hearsay rule permits only those statements, which are offered in evidence to prove the truth of the matter asserted.

Question 26

Some elements of plea negotiations are admissible under the Hearsay Rule as they are considered to be verbal admissions by a party to the matter.

Question 27

Statements made by co-conspirators during the course and in furtherance of the criminal conspiracy are often referred to as the Anti-Conspirator Rule.

Question 28

The dying declaration exception is grounded in the theory that some statements are inherently trustworthy.

Question 29

Dying declarations have to be spontaneous.

Question 30

There are two broad categories of Hearsay Exceptions. Those in which the witness is unavailable; and those in which the presence of the declarant is immaterial.

Question 31

There are four general requirements for the admissibility of statements under the declarations against interest exception.

Question 32

Under Federal Rule of Evidence 803(3), statements offered to demonstrate the declarant's state of mind, emotion, sensation, or physical condition may be introduced.

Question 33

All of the exceptions to the Hearsay Rule rely upon the prima facie indicia.

Question 34

All means of cross-examination of a declarant taking the stand, which would be available for impeachment of witnesses, may be explored.

Question 35

Witnesses are generally required to be available for cross-examination as guaranteed by the _______________ Clause of the 6^th Amendment.

Question 36

The precursor to the American hearsay rule originated in the 1600s immediately following the trial of Sir _________.

Question 37

The common-law definition of hearsay continued in the United States until the ratification of the Bill of __________.

Question 38

Consideration of declarant-centered statements involve an evaluation as to the declarant's ______________.

Question 39

A ____________ admission is a statement of which the party has manifested an adoption or belief in its truth.

Question 40

Threatening witnesses, fleeing or concealing evidence are examples of defendants' ____________ justice.

Question 41

Statements made by co-conspirators during the course and in furtherance of the criminal conspiracy are referred to as the ________________Rule.

Question 42

Co-conspirator statements are _____________because they have prima facie indicia of reliability.

Question 43

The dying declaration exception is grounded in the theory that some statements are inherently ____________.

Question 44

There are two general requirements for the admissibility of statements under the declarations against ________________ exception.

Question 45

Match up the terminology to the example :

-Spousal testimonial privilege

A) Susan couldn't remember who she called on 10.10.10, but after reviewing her phone bill she remembered calling her mom.
B) Tom said he robbed the store. Who is Tom?
C) The wife refused to testify that her husband was not home.
D) Sam is a hitman hired by Tony. Sam calls Tony as says he killed the victim and wants his money, and Tony responded he would pay him.
E) Judy was stabbed by John, as she falls to the ground she yells to Adam that John stabbed her. Adam testifies to this.
F) Dave tried to give the police officer $20 in order to not receive a speeding ticket.
G) The defendant did not provide any witnesses to support his alibi.
H) Paul's "partner in crime" said that it was Mike who took the T.V. from the house they broke into.
I) Scott was an accomplice in an assault with Jordan. Scott says in front of Jordan and the police that they took turns beating the victim and Jordan didn't respond to that declaration.
J) Sue said Mark shot her and then she died from the gunshot wound.

Question 46

Match up the terminology to the example :

-Excited utterances

A) Susan couldn't remember who she called on 10.10.10, but after reviewing her phone bill she remembered calling her mom.
B) Tom said he robbed the store. Who is Tom?
C) The wife refused to testify that her husband was not home.
D) Sam is a hitman hired by Tony. Sam calls Tony as says he killed the victim and wants his money, and Tony responded he would pay him.
E) Judy was stabbed by John, as she falls to the ground she yells to Adam that John stabbed her. Adam testifies to this.
F) Dave tried to give the police officer $20 in order to not receive a speeding ticket.
G) The defendant did not provide any witnesses to support his alibi.
H) Paul's "partner in crime" said that it was Mike who took the T.V. from the house they broke into.
I) Scott was an accomplice in an assault with Jordan. Scott says in front of Jordan and the police that they took turns beating the victim and Jordan didn't respond to that declaration.
J) Sue said Mark shot her and then she died from the gunshot wound.

Question 47

Match up the terminology to the example :

-Past recorded recollections

A) Susan couldn't remember who she called on 10.10.10, but after reviewing her phone bill she remembered calling her mom.
B) Tom said he robbed the store. Who is Tom?
C) The wife refused to testify that her husband was not home.
D) Sam is a hitman hired by Tony. Sam calls Tony as says he killed the victim and wants his money, and Tony responded he would pay him.
E) Judy was stabbed by John, as she falls to the ground she yells to Adam that John stabbed her. Adam testifies to this.
F) Dave tried to give the police officer $20 in order to not receive a speeding ticket.
G) The defendant did not provide any witnesses to support his alibi.
H) Paul's "partner in crime" said that it was Mike who took the T.V. from the house they broke into.
I) Scott was an accomplice in an assault with Jordan. Scott says in front of Jordan and the police that they took turns beating the victim and Jordan didn't respond to that declaration.
J) Sue said Mark shot her and then she died from the gunshot wound.

Question 48

Match up the terminology to the example :

-Adoptive admissions

A) Susan couldn't remember who she called on 10.10.10, but after reviewing her phone bill she remembered calling her mom.
B) Tom said he robbed the store. Who is Tom?
C) The wife refused to testify that her husband was not home.
D) Sam is a hitman hired by Tony. Sam calls Tony as says he killed the victim and wants his money, and Tony responded he would pay him.
E) Judy was stabbed by John, as she falls to the ground she yells to Adam that John stabbed her. Adam testifies to this.
F) Dave tried to give the police officer $20 in order to not receive a speeding ticket.
G) The defendant did not provide any witnesses to support his alibi.
H) Paul's "partner in crime" said that it was Mike who took the T.V. from the house they broke into.
I) Scott was an accomplice in an assault with Jordan. Scott says in front of Jordan and the police that they took turns beating the victim and Jordan didn't respond to that declaration.
J) Sue said Mark shot her and then she died from the gunshot wound.

Question 49

Match up the terminology to the example :

-Declarant

A) Susan couldn't remember who she called on 10.10.10, but after reviewing her phone bill she remembered calling her mom.
B) Tom said he robbed the store. Who is Tom?
C) The wife refused to testify that her husband was not home.
D) Sam is a hitman hired by Tony. Sam calls Tony as says he killed the victim and wants his money, and Tony responded he would pay him.
E) Judy was stabbed by John, as she falls to the ground she yells to Adam that John stabbed her. Adam testifies to this.
F) Dave tried to give the police officer $20 in order to not receive a speeding ticket.
G) The defendant did not provide any witnesses to support his alibi.
H) Paul's "partner in crime" said that it was Mike who took the T.V. from the house they broke into.
I) Scott was an accomplice in an assault with Jordan. Scott says in front of Jordan and the police that they took turns beating the victim and Jordan didn't respond to that declaration.
J) Sue said Mark shot her and then she died from the gunshot wound.

Question 50

Match up the terminology to the example :

-Circumstantial admission of guilt

A) Susan couldn't remember who she called on 10.10.10, but after reviewing her phone bill she remembered calling her mom.
B) Tom said he robbed the store. Who is Tom?
C) The wife refused to testify that her husband was not home.
D) Sam is a hitman hired by Tony. Sam calls Tony as says he killed the victim and wants his money, and Tony responded he would pay him.
E) Judy was stabbed by John, as she falls to the ground she yells to Adam that John stabbed her. Adam testifies to this.
F) Dave tried to give the police officer $20 in order to not receive a speeding ticket.
G) The defendant did not provide any witnesses to support his alibi.
H) Paul's "partner in crime" said that it was Mike who took the T.V. from the house they broke into.
I) Scott was an accomplice in an assault with Jordan. Scott says in front of Jordan and the police that they took turns beating the victim and Jordan didn't respond to that declaration.
J) Sue said Mark shot her and then she died from the gunshot wound.

Question 51

Match up the terminology to the example :

-Admission by silence

A) Susan couldn't remember who she called on 10.10.10, but after reviewing her phone bill she remembered calling her mom.
B) Tom said he robbed the store. Who is Tom?
C) The wife refused to testify that her husband was not home.
D) Sam is a hitman hired by Tony. Sam calls Tony as says he killed the victim and wants his money, and Tony responded he would pay him.
E) Judy was stabbed by John, as she falls to the ground she yells to Adam that John stabbed her. Adam testifies to this.
F) Dave tried to give the police officer $20 in order to not receive a speeding ticket.
G) The defendant did not provide any witnesses to support his alibi.
H) Paul's "partner in crime" said that it was Mike who took the T.V. from the house they broke into.
I) Scott was an accomplice in an assault with Jordan. Scott says in front of Jordan and the police that they took turns beating the victim and Jordan didn't respond to that declaration.
J) Sue said Mark shot her and then she died from the gunshot wound.

Question 52

Match up the terminology to the example :

-Obstructing justice

A) Susan couldn't remember who she called on 10.10.10, but after reviewing her phone bill she remembered calling her mom.
B) Tom said he robbed the store. Who is Tom?
C) The wife refused to testify that her husband was not home.
D) Sam is a hitman hired by Tony. Sam calls Tony as says he killed the victim and wants his money, and Tony responded he would pay him.
E) Judy was stabbed by John, as she falls to the ground she yells to Adam that John stabbed her. Adam testifies to this.
F) Dave tried to give the police officer $20 in order to not receive a speeding ticket.
G) The defendant did not provide any witnesses to support his alibi.
H) Paul's "partner in crime" said that it was Mike who took the T.V. from the house they broke into.
I) Scott was an accomplice in an assault with Jordan. Scott says in front of Jordan and the police that they took turns beating the victim and Jordan didn't respond to that declaration.
J) Sue said Mark shot her and then she died from the gunshot wound.

Question 53

Match up the terminology to the example :

-Co-conspirator rule

A) Susan couldn't remember who she called on 10.10.10, but after reviewing her phone bill she remembered calling her mom.
B) Tom said he robbed the store. Who is Tom?
C) The wife refused to testify that her husband was not home.
D) Sam is a hitman hired by Tony. Sam calls Tony as says he killed the victim and wants his money, and Tony responded he would pay him.
E) Judy was stabbed by John, as she falls to the ground she yells to Adam that John stabbed her. Adam testifies to this.
F) Dave tried to give the police officer $20 in order to not receive a speeding ticket.
G) The defendant did not provide any witnesses to support his alibi.
H) Paul's "partner in crime" said that it was Mike who took the T.V. from the house they broke into.
I) Scott was an accomplice in an assault with Jordan. Scott says in front of Jordan and the police that they took turns beating the victim and Jordan didn't respond to that declaration.
J) Sue said Mark shot her and then she died from the gunshot wound.

Question 54

Match up the terminology to the example :

-Witness unavailability

A) Susan couldn't remember who she called on 10.10.10, but after reviewing her phone bill she remembered calling her mom.
B) Tom said he robbed the store. Who is Tom?
C) The wife refused to testify that her husband was not home.
D) Sam is a hitman hired by Tony. Sam calls Tony as says he killed the victim and wants his money, and Tony responded he would pay him.
E) Judy was stabbed by John, as she falls to the ground she yells to Adam that John stabbed her. Adam testifies to this.
F) Dave tried to give the police officer $20 in order to not receive a speeding ticket.
G) The defendant did not provide any witnesses to support his alibi.
H) Paul's "partner in crime" said that it was Mike who took the T.V. from the house they broke into.
I) Scott was an accomplice in an assault with Jordan. Scott says in front of Jordan and the police that they took turns beating the victim and Jordan didn't respond to that declaration.
J) Sue said Mark shot her and then she died from the gunshot wound.

Question 55

Explain assertion-centered statements and declarant-centered states as the two categories of hearsay.

Question 56

Discuss the development and need for the creation of the exceptions to the hearsay rule.

Question 57

NFL player Rae Carruth was initially charged with first-degree murder, but was convicted on other charges. Review the case and write a summary. Be sure to address topics related to the text.

Question 58

Explain witness unavailability and find a case that is an example of the four main situations.