Deck 13: Privileges

Question 1

Courts will allow exceptions to the hearsay rule if the circumstances surrounding the out- of-court statements are sufficiently trustworthy to overcome the presumption of unreliability.

Answer 1

True

Question 2

An exception to the hearsay rule by itself guarantees that the statement will be admitted. It does not have to satisfy other evidentiary limitations and exclusionary rules.

Answer 2

False

Question 3

The present sense impression exception is founded on the theory that if a comment or statement is made at the same time as perceiving an event, there is less chance of a more considered and calculating response.

Answer 3

True

Question 4

Whenever state-of-mind exceptions arise, one important question will be whether the statement was really spontaneous or whether there was time for reflective thought.

Question 5

The general rule is that as time lag increases, spontaneity increases and there is less time for reflection and possible fabrication or memory lapse.

Question 6

To be admitted as an "excited utterance," most courts require a showing that "at the time of the statement the declarant was under the stress of excitement caused by an external event sufficient to still her reflective faculties and had no opportunity for deliberation

Question 7

The modern rules do not require that an excited utterance be spontaneous with the "startling event" as long as the declarant was still under the "stress of excitement caused by the event" when she made the statement.

Question 8

In prior cases, the U.S. Supreme Court has noted that "statements made in the course of receiving medical care . . . are made in contexts that provide substantial guarantees of their trustworthiness."

Question 9

Regularly kept records do not include any form of documents or data compilation that record the activities of a business.

Question 10

Records of religious organizations are allowed when they have been regularly kept and relate to personal or family history.

Question 11

Laura, testifying that she heard Cris say, "Look, that red car ran the stop sign!" is an example of which exception to the hearsay rule?

A) Recorded Recollection
B) Present Memory Refreshed
C) Present Sense Impression
D) Exculpatory Statements

Question 12

Also referred to as an Excited Utterance, this is a statement made relating to a startling event or condition made while declarant was under the stress of excitement caused by the event or condition.

A) Contemporaneous Declarations
B) Spontaneous Declaration
C) Recorded Recollection
D) State of Mind

Question 13

A hearsay exception that allows statements in a document which has been in existence twenty years or more, and the authenticity of which is established is called:

A) Twenty-year rule
B) Documentary Exception
C) Ancient Documents Rule
D) Learned Treatise

Question 14

From the Latin, meaning "things done." Looks at a statement made in relation to the surrounding circumstances and the spontaneity involved.

A) Mens rea
B) Actus Reus
C) Prima Facie
D) Res Gestae

Question 15

A scholarly publication, report, or periodical falls under which hearsay exception?

A) Twenty-year rule
B) Documentary Exception
C) Ancient Documents Rule
D) Learned Treatise

Question 16

A hearsay exception that admits an out-of-court statement against a party who engaged in illegal acts intended to keep the declarant from testifying is called:

A) Forfeiture by Wrongdoing
B) Res Gestae
C) Corroborating Evidence
D) Confrontation Clause

Question 17

Evidence that supports or strengthens other evidence is called:

A) Nolo Contendere
B) Res Gestae
C) Corroborating Evidence
D) Contemporaneous Declarations

Question 18

Someone officially designated at a business or public agency to oversee and maintain records is called:

A) Record Agent
B) Record Officer
C) Custodian of the Works
D) Custodian of the Records

Question 19

In a criminal action, hearsay must also pass all of the following Constitutional protections, except:

A) 1^st Amendment
B) 4^th Amendment
C) 5^th Amendment
D) 6^th Amendment

Question 20

A Statement under Belief of Impending Death is also known as:

A) death statement
B) dying declaration
C) mortality statement
D) deathbed declaration