Deck 7: The Hearsay Rule

Question 1

Dying declarations may not be used by a defendant in a homicide case in his or her defense.

Answer 1

False

Question 2

Under the FRE,the declaration against penal interest exception to the hearsay rule means that admission of non-self-inculpatory statements are not allowed.

Answer 2

True

Question 3

For an excited utterance to be admissible,it must have been made immediately or contemporaneous to the event or condition that the declarant perceives as startling.

Answer 3

False

Question 4

A statement is limited to spoken words only for purposes of evidence at trial.

Question 5

For a statement to be admissible under the present sense impression exception to the hearsay rule,a statement describing or explaining an event or condition,must be made while or immediately after the declarant perceived it.

Question 6

A declaration against interest may be a statement that is consistent with the person's interest at the time the statement was made.

Question 7

The state of mind exception to the hearsay rule allows evidence to be admitted to prove a person's present state of mind.

Question 8

The hearsay rule has a preference that the declarant not be present in court.

Question 9

Hearsay evidence can include tangible objects like a weapon.

Question 10

Hearsay is based on what someone other than the witness has said rather than what the witness has personally seen or experienced.

Question 11

The dying declaration exception to the hearsay rule is the most restricted of all in its admissibility.

Question 12

In order for a prior statement by a witness to be admissible,the person must be available to testify in court.

Question 13

If a statement must be true to prove a fact,then the statement is hearsay.

Question 14

The state of mind of the declarant exception to the hearsay rule goes to show the state of mind of the person who is testifying as to what another person said.

Question 15

For an opposing parties' statement (admissions)to be admissible,the statement must be against the interest of the person when made.

Question 16

Under the FRE,if a declarant gives a direction or asks a question,it would not invoke the hearsay rule.

Question 17

The major issue presented to a judge in determining admissibility pursuant to FRE 104(a)is the state of mind of the declarant at the time of making the statements.

Question 18

A's statement to B,"I paid you to kill X," is an example of an utterance of an operative legal fact.

Question 19

For a spontaneous utterance to be admissible,it must relate to the event that preceded the utterance.

Question 20

The declarant of a dying declaration has to die for the statement to be admissible.

Question 21

Which of the following is not a foundational requirement for a dying declaration?

A)the statement must concern the cause or circumstances of what the declarant believed to be impending death
B)the declarant must be unavailable
C)the declarant must believe that he or she will eventually die
D)the trial must be either a prosecution for homicide or a civil action

Question 22

Res gestae refers to:

A)an opposing parties' statement (admissions)
B)a spontaneous utterance
C)a declaration against interest
D)prior inconsistent statements

Question 23

A statement describing or explaining an event or condition made while perceiving the event or immediately thereafter is called:

A)present sense impression
B)immediately observable impression
C)prior consistent impression
D)excited utterance

Question 24

Self-authentication means that the authenticity of the document is derived on its face.

Question 25

An essential requirement for the admissibility of former testimony under FRE is:

A)the witness who gave the former testimony is available
B)the parties in both proceedings are identical
C)the witness who gave the former testimony is unavailable
D)the issues in both proceedings are identical

Question 26

The Confrontation Clause of the Sixth Amendment to the Constitution of the Untied States guarantees the defendant in a criminal case the right to be confronted with:

A)statements against him
B)witnesses against him
C)charges against him
D)victims against him

Question 27

The passage of time does not make a business record inadmissible.

Question 28

Which one of the following is not a vicarious opposing parties' statement (admissions)?

A)a statement by a person authorized by a party to speak
B)a statement by a co-conspirator of a party
C)a party's statement by adoption
D)a statement by an agent of a party

Question 29

All of the following categories of statements do not fall within the definition of hearsay because they are not offered for the truth of the matter asserted except:

A)State of Mind of the Declarant
B)Operative Legal Fact
C)Opposing Parties' Statements (Admissions)and Confessions
D)State of Mind of the Hearer

Question 30

All of the following are types of prior statements by witnesses except:

A)prior assertion statements
B)prior consistent statements
C)prior identification statements
D)prior inconsistent statements

Question 31

To lay the foundation for the admission of business records,the custodian of those records must appear as a witness in court to testify as to the regular practice of keeping business records and how the particular record in question was kept.

Question 32

Under the FRE,statements speculating about the future acts of other persons are to be excluded from evidence.

Question 33

Under the FRE,all of the following are specific ways in which a declarant may be found unavailable except if a witness:

A)is exempted by privilege
B)is a minor
C)testifies to lack of memory
D)persists in refusing to testify even when ordered by the court to do so

Question 34

The doctrine of completeness provides that an opposing party may require the introduction of any other written or recorded statement which occurs prior to or after the document in question.

Question 35

In order for an utterance to be a statement for purposes of the hearsay rule:

A)it must meet the declarant based test
B)the utterance will be determined to be a statement if the jury finds the declarant to be highly credible,regardless of the assertive intent of the declarant
C)it must be reliable
D)it must be intended by the person speaking to be an assertion

Question 36

FRE 803(3)defining the state of mind exception to the hearsay rule provides specific examples including all of the following except:

A)intent
B)means
C)design
D)pain

Question 37

Anyone who overhears declarations of a declarant's state of mind may testify to them in court.

Question 38

An adoptive opposing parties' statement (admissions)may be found when:

A)a statement is made by a person authorized to speak for the party opponent
B)a party reacts by silence in the face of an accusation when a reasonable person would be expected to respond and deny the accusation
C)a statement is made by an employee during the time of employment,and the statement concerns a matter within the scope of employment
D)a statement is made by a co-conspirator during the course of the conspiracy and in furtherance of the conspiracy

Question 39

The FRE definition of hearsay focuses on:

A)the declarant based test
B)the confrontation clause
C)the assertion based test
D)the reliability of the statement

Question 40

The state of mind exception to the hearsay rule requires a showing that the declarant is unavailable as a witness.

Question 41

What are the three requirements for the state of mind exception to the hearsay rule?

Question 42

The FRE specifically excludes ________ from being admitted into evidence against an accused in a criminal case?

A)officer's testimony
B)psychiatric reports
C)statistical reports
D)police reports

Question 43

All of the following are types of Opposing Parties' Statements (Admissions)by a party opponent that are exempt from the hearsay rule except:

A)the statement by adoption
B)a statement by a co-conspirator
C)a statement by the spouse of a party
D)the party's own statement

Question 44

A statement that is attributed to a named party in civil law or a statement attributed to a criminal defendant is:

A)an opposing parties' statement (admissions)
B)a statement against interest
C)dying declaration
D)a past recollection recorded

Question 45

What two principles justify the state of mind exception to the hearsay rule?

Question 46

What are the five required showings under FRE 803(4)with respect to statements for purposes of medical diagnosis?

Question 47

All of the following are foundations required for public records except?

A)the employee had a duty by law to report the information accurately
B)the employee had a duty by law to report the information within a specified period of time
C)the record is an official document of the agency
D)the document was recorded by an employee of the agency

Question 48

A statement not actually made by the party but by an individual acting on behalf of a party is:

A)a vicarious opposing parties' statement (admissions)
B)a statement against interest
C)an implicit opposing parties' statement (admissions)
D)an adoptive opposing parties' statement (admissions)

Question 49

Which one of the following is not a requirement for the business records exception to the hearsay rule?

A)the record must be identified as one made at or near the time of the event
B)the record must be identified as one made by the defendant
C)the record must be identified as one made in the regular course of business
D)the record must be identified as one kept in the course of regularly conducted business activity

Question 50

All of the following statements by witnesses are exempt from the hearsay rule except:

A)Prior inconsistent statements
B)Prior consistent statements
C)Statements of recent identification of a person
D)Past recollection recorded

Question 51

A statement made by a party to a lawsuit is admissible as an opposing parties' statement (admissions)if it is offered by the opposing party:

A)whether the statement was against the interest of the declarant at the time it was made or not
B)only if it was against the interest of the declarant at the time it was made
C)only if it is a present sense impression or an excited utterance
D)only if it constitutes an adoptive opposing parties' statement (admissions)

Question 52

Which of the following is an example of a spontaneous declaration?

A)Dying declaration
B)Present sense impression
C)Past recollection recorded
D)Adoptive opposing parties' statement (admissions)

Question 53

The declarations against penal interest exception to the hearsay rule does not allow admission of:

A)former testimony by a witness while not under oath
B)dying declarations of one who did not die
C)Opposing Parties' Statements (Admissions)
D)blame shifting declarations against interest made to law enforcement

Question 54

What are the four foundational requirements for a dying declaration?

Question 55

All of the following are subcategories of statements that are Not Offered for the Truth of the Matter Asserted (NOTMA)except:

A)Operative legal fact
B)State of mind of the hearer
C)State of Mind of the declarant
D)Dying declarations

Question 56

What are the three types of vicarious opposing parties' statements (admissions)?

Question 57

The hearsay rule exists because out-of-court statements are believed to be:

A)prejudicial
B)unreliable
C)irrelevant
D)confusing

Question 58

A(n)________ is testimony,under oath,given upon notice to the adverse party,for the purpose of enabling the adversary to attend and cross examine.

A)affidavit
B)sworn statement
C)interrogatory
D)deposition

Question 59

Explain the two ways in which a statement may tend to prove something.

Question 60

What are the two basic requirements for the declaration against interest exception to the hearsay rule?

Question 61

Explain how the Court in Crawford v Washington (2004)redefined the Confrontation Clause.

Question 62

An amendment to FRE 803(6)was put into effect in 2000.How did this effect the foundation requirement for the business records exception to the hearsay rule?

Question 63

How does the Crawford decision apply to the declaration against interest exception to the hearsay rule?

Question 64

What are the foundational requirements for former testimony?