Question 1

The use of hearsay as evidence under certain circumstances is justified for which reason?

Accepted Answer

Hearsay is often admitted under certain circumstances due to necessity, such as when the original speaker is unavailable to testify due to death, incapacity, or being out of jurisdiction, and the statement is considered reliable.

Question 2

A declarant's statement, whether he or she is available, is admissible if the

Accepted Answer

The timing of the statement is crucial for its admissibility, especially if it was made while the declarant was observing the matter in question. This is because such statements are considered to be made from personal knowledge and are thus more likely to be reliable.

Question 3

A statement is admissible, whether or not the defendant is available as a witness, if the content of the statement relates to

Accepted Answer

The content of the statement must relate to the crime in order to be admissible.

Question 4

The rationale for allowing excited utterances is

Accepted Answer

Excited utterances are considered reliable because they are made spontaneously under the stress of excitement, reducing the likelihood of fabrication or reflection.

Question 5

The then-existing mental, emotional, or physical condition exception covers

Accepted Answer

The exception allows for the admission of statements that describe a person's mental, emotional, or physical condition at the time they spoke, such as statements of pain, fear, or intent.

Question 6

A recorded statement of a declarant may be read into evidence or played for the trier of fact, provided that the

Accepted Answer

All of the options provided are circumstances under which a recorded statement of a declarant may be admissible in court. A) The declarant being a witness in the case allows for their statement to be considered in context. B) The requirement that the statement concerns a matter of which the declarant would have personal knowledge ensures the relevance and potential reliability of the statement. C) If the declarant cannot remember the matter well enough to testify accurately, their recorded statement can serve as a substitute for live testimony, provided it meets other evidentiary standards.

Question 7

The rationale for past recollection recorded is

Accepted Answer

The rationale for past recollection recorded is necessity. This rule allows for the admission of a record that was made when the event was fresh in the witness's memory but the witness has insufficient recollection of the event at the time of testimony. It is necessary to admit this evidence to provide the trier of fact with information that the witness can no longer recall.

Question 8

A writing by a government agency is admissible if it records

Accepted Answer

A writing by a government agency is admissible if it records acts of the agency, as these are considered official records and are typically admissible under the public records exception to the hearsay rule.

Question 9

The absence of records kept in accordance with the business records exception is admissible to prove the nonoccurrence or nonexistence of the matter and is known as

Accepted Answer

The term "silent hound exception" refers to the principle that the absence of records, which would normally be kept in the regular course of business, can be used as evidence to prove that a certain event did not occur. This is based on the rationale that if the event had occurred, there would be a record of it.

Question 10

All of the following are exempt from the hearsay rule except

Accepted Answer

A child's testimony is not exempt from the hearsay rule; it is subject to the same considerations and exceptions as any other testimony. The other options (A, B, C) are examples of documents or records that can be exceptions to the hearsay rule under certain circumstances.

Question 11

The types of reputation of evidence that are admissible do not include reputation evidence concerning

Accepted Answer

Reputation evidence concerning business history is not typically admissible as a form of reputation evidence in legal proceedings. Reputation evidence is generally limited to matters like character, personal or family history, and boundaries, where such reputation in a community can be relevant to the case at hand.

Question 12

Which of the following prior statements would not be considered exempt from the hearsay rule?

Accepted Answer

Option D is not considered exempt from the hearsay rule because it involves a statement made by an informant to a police officer about what the defendant allegedly said, which is a classic example of hearsay without any direct exception applied.

Question 13

Which of the following admissions by a party opponent would not be admissible?

Accepted Answer

An offer to settle a case out of court is generally inadmissible as evidence because it is considered a negotiation attempt and is protected under rules that encourage settlement discussions.

Question 14

Upon seeing a car driving at a high speed, a witness testifies that the declarant calmly stated "that looks dangerous." Which one of the following exceptions to the hearsay rule would the example be considered?

Accepted Answer

The statement qualifies as a present sense impression because it is a comment made contemporaneously or immediately after perceiving an event, reflecting the declarant's impression of that event at the moment.

Question 15

Upon almost being hit by a car, a witness testifies that declarant exclaimed, "Are you trying to kill someone?" Which one of the following exceptions to the hearsay rule would the example be considered?

Accepted Answer

The statement is considered an excited utterance because it was made in response to a startling event (almost being hit by a car) and reflects the declarant's immediate reaction to that event.

Question 16

After seeing the defendant in a trial for battery, a witness testifies that declarant stated "that dude looks angry." Which one of the following exceptions to the hearsay rule would the example be considered?

Accepted Answer

The statement "that dude looks angry" reflects the declarant's then-existing mental or emotional condition, making it an exception to the hearsay rule under that category. This exception allows statements that describe the declarant's own state of mind, feelings, or emotions at the time of the statement.

Question 17

A medical examiner testifying at a trial reads into the record a statement she made after performing an autopsy. Which one of the following exceptions to the hearsay rule would the example be considered?

Accepted Answer

The past recollection recorded exception applies when a witness cannot fully recall the information but had previously recorded it accurately. The medical examiner's statement after the autopsy fits this exception.

Question 18

A rental car agreement, signed by the defendant, is introduced into evidence after the victim was found dead in the trunk of the rented car. Which one of the following exceptions to the hearsay rule would the example be considered?

Accepted Answer

The rental car agreement qualifies under the business records exception to the hearsay rule because it is a record of regularly conducted business activity, and it was made at or near the time by someone with knowledge.

Question 19

Which of the following examples cannot be admitted into evidence using the official records exception?

Accepted Answer

The official records exception to the hearsay rule allows for the admission of records made by a public officer or agency, provided they meet certain criteria. However, a police report filed against a defendant typically contains observations and statements by others and is considered hearsay within hearsay, making it less likely to be admissible under this exception. The other options (incorrect tax return, fraudulent accident report, and 911 call recording) could potentially be admitted as they are direct actions or statements made by the defendant.

Question 20

Which of the following exceptions to the hearsay rule would a marriage license be considered?

Accepted Answer

A marriage license falls under the vital statistics exception to the hearsay rule because it is a record of a significant life event, maintained by a governmental entity.

Quiz 12: Exceptions to the Hearsay Rule