Deck 7: The Use of Hearsay in the Courtroom

Question 1

To fall within the hearsay rule, the testimony must be offered to prove the

A)credibility of the witness.
B)truth of the matter asserted in the statement.
C)the credibility of the declarant.
D)unavailability of the declarant.

Answer 1

B

Question 2

Statements that would otherwise be testimonial and require that the defendant have the right to __________ under the rule of Crawford v.Washington

A)rebuttal
B)objection
C)confront
D)omission

Answer 2

C

Question 3

To fall within the hearsay rule, the declarant's statement must be a/n ____________ statement.

A)oral
B)written
C)interrogatory
D)assertive

Answer 3

D

Question 4

The hearsay rule forbids only statements offered to prove the ______of the matter asserted.

A)truth
B)credibility
C)substance
D)subject

Question 5

One famous scholar stated that the development of the hearsay rule was the second greatest contribution of the English legal system next to

A)the grand jury.
B)the jury trial.
C)the right to notice of the charges.
D)the right to an attorney.

Question 6

The problem with hearsay testimony is that the person who actually saw the events

A)is not on the witness stand.
B)may be dead.
D)cannot be subpoenaed.
D)may have a privilege against self-incrimination.

Question 7

The practice of obtaining criminal convictions based on hearsay was especially prevalent between 1558 and 1625, when English courts utilized the infamous ____________ trials.

A)Black Death
B)Inquisition
C)Machiavellian
D)Star Chamber

Question 8

The famous trial of ____________ in 1603 prompted concern about the use of hearsay in English trials.

A)Sir Walter Raleigh
B)Benjamin Franklin
C)Robert Bruce
D)Oliver Cromwell

Question 9

Statements made by a ________during and in furtherance of the conspiracy are not hearsay

A)co- conspirator
B)admissible.
C)not admissible unless the opponent objects.
D)admissible if the opponent objects.

Question 10

The use of hearsay potentially involves a violation of the defendant's right to

A)a jury trial.
B)the privilege against self-incrimination.
C)notice of the charges.
D)confront and cross-examine adverse witnesses.

Question 11

The Constitution's ____________ Clause and rule against hearsay protect similar values.

A)Self-incrimination
B)ex post facto
C)Confrontation
D)Venue

Question 12

English common law in criminal cases was based on an _________ principle.

A)inquisitorial
B)accusatorial
C)confrontational
D)equitable

Question 13

Hearsay can be written statements, communicative conduct, or

A)oral statements.
B)intuition
C)hypnotically refreshed testimony.
D)telepathic communications.

Question 14

The general rule is that hearsay is

A)not admissible.
B)admissible.
C)not admissible unless the opponent objects.
D)admissible if the opponent objects.

Question 15

Statements offered to prove which of the following would be hearsay?

A)no knowledge of any information possessed by the defendant
B)the declarant's state of mind
C)the effect of the statement on the hearer
D)The declarant was told by the defendant's mother that she saw the defendant pull the trigger and fire the fatal shot.

Question 16

Under the Federal Rules of Evidence and in a number of jurisdictions, which of the following is specifically defined as not being hearsay, even though it may appear to be hearsay?

A)admission by a party opponent
B)unsworn statements made before a judge
C)statements by the victim of a crime
D)statements by the judge at a prior trial

Question 17

The principal means courts use to guard against the risks of Hearsay are the requirements that the witness testify under oath, which helps ensure reliability, and that the witness be available for ___________.

A)civil proceedings
B)grand jury examination
C)polygraph examination
D)cross examination

Question 18

The admission of hearsay testimony may sometimes violate the ______________ Amendment.

A)Fourth
B)Fifth
C)Sixth
D)Eighth

Question 19

In terms of Hearsay, the ________is the person who makes the statement.

A)defendant
B)declarant
C)witness
D)prosecutor

Question 20

In hearsay testimony, the person on the witness stand is

A)the out-of-court declarant (or declarant).
B)not under oath.
C)immune from perjury
D)not the person who personally witnessed or heard the evidence.

Question 21

One of the requirements for a statement to be defined as hearsay is that the statement be assertive.

Question 22

Early in the thirteenth century, English courts began strictly excluding hearsay.

Question 23

A conspiracy is an agreement between two or more people to commit an illegal act.

Question 24

Among the most infamous trials in English history were the Star Chamber trials of the 1500s and 1600s.

Question 25

A written document cannot be hearsay evidence.

Question 26

According to Wigmore (a famous scholar on the law of evidence), the rule against hearsay was a great contribution to the English legal system.

Question 27

The general rule is that hearsay evidence is not admissible.

Question 28

The 1603 trial of William Penn sparked interest in reforming the law of hearsay.

Question 29

The Federal Rules of Evidence contain at least 27 exceptions to the rule against hearsay.

Question 30

One of the requirements for a statement to be defined as hearsay is that the statement is not offered to prove the truth of the matter asserted in the statement.

Question 31

Statements offered to show knowledge, feelings, state of mind, or effect on the hearer are not hearsay.

Question 32

There are no exceptions to the hearsay rule in the Federal Rules of Evidence.

Question 33

Under the Federal Rules of Evidence, there is an exemption from the definition of hearsay for certain statements by co-conspirators.

Question 34

The law of hearsay evidence and its exceptions is relatively simple.

Question 35

Prior to the 1600s, English courts strictly enforced the rule against hearsay evidence in criminal cases.

Question 36

Under the Federal Rules of Evidence, admissions by a party opponent are always defined as hearsay.

Question 37

The introduction of hearsay evidence can raise serious issues under the confrontation clause.

Question 38

Non-verbal acts (such as a nod of the head) can never be hearsay.

Question 39

In the definition of hearsay, the declarant is the person who originally made the statement (e.g.after witnessing the crime) and is not on the witness stand.

Question 40

Under the Federal Rules of Evidence, certain types of prior statements by witnesses are excluded from the definition of hearsay.

Question 41

What are non-verbal acts in relation to the exception for Hearsay? Provide an example of both assertive and non-assertive behaviors.

Question 42

The abuses of using hearsay at criminal trials were highlighted in the 1603 trial of ____________.

Question 43

The hearsay rule applies only to statements that are offered to prove the truth of the matter _____________ in that statement.

Question 44

In the Federal Rules of Evidence, one form of statement that is specifically excluded from the definition of hearsay is termed the _____________ rule.

Question 45

In terms of the problems they address, what do the rules against hearsay and Confrontation Clause have in common? Be sure to provide examples.

Question 46

If the purpose of a nonverbal act is to communicate, and the communication is ___________, it is then hearsay.

Question 47

The hearsay rule does not apply to various _____________that would otherwise literally fall within the definition of hearsay.

Question 48

A statement that is offered only to show the effect on the ____________ is not hearsay when offered to show the state of mind of another.

Question 49

In the Federal Rules of Evidence, one form of statement that is specifically excluded from the definition of hearsay is the prior statement of the ______________ currently on the witness stand.

Question 50

Because of their liberal use of hearsay against criminal defendants, the English ____________ trials have become infamous.

Question 51

The definition of hearsay refers to a statement other than one made by the ____________ while testifying at the trial.

Question 52

What is an assertive statement and give examples of both assertive and non-assertive statements.

Question 53

Define "hearsay" and provide an example.Be sure to explain why the example meets the definition.(LO1, 154)

Question 54

In the definition of hearsay, the _____________ is the person who originally made the statement.

Question 55

What are the principal methods used at trial to test the testimony of witnesses?
How does allowing hearsay interfere with those methods?

Question 56

The rule against hearsay and the ____________ Amendment confrontation clause address similar problems.

Question 57

The hearsay rule forbids only statements offered to prove the ______of the matter asserted.

Question 58

If a person is engaging in conduct that is not meant to __________, this would generally not be treated as hearsay because there is no attempt to be assertive

Question 59

In the Federal Rules of Evidence, one form of statement that is specifically excluded from the definition of hearsay is a/n _____________ by a party- opponent.

Question 60

The Federal Rules of Evidence contain ___________ exceptions to the hearsay rule.

Question 61

Define "conduct that is not meant to communicate" is relation to the hearsay rule.Provide an example.

Question 62

Define prior statements made by witnesses in relation to the hearsay rule and provide the rules by which such decisions would be used to rule whether hearsay would apply.

Question 63

Discuss the co-conspirator rule and provide an example.