Question 1

A statement offered as a party-opponent admission can be excluded from evidence if its prejudicial impact outweighs its probative value.

Accepted Answer

A party-opponent admission is a statement made by a party to the lawsuit that is offered against that party as evidence. Such statements are generally admissible as evidence because they are considered to be reliable and trustworthy. However, if the prejudicial impact of the statement outweighs its probative value, the statement may be excluded from evidence.

Question 2

Statements made to the police prior to the individual being read his Miranda rights may be admissible as an admission.

Accepted Answer

Statements made voluntarily to the police before Miranda rights are read can be admissible in court as an exception, especially if they are considered spontaneous or "blurted out" admissions, not elicited through interrogation.

Question 3

Alice and Tom meet up with Sam, who tells them about a recent bank robbery. Alice responds by stating that Tom committed the bank robbery. Tom says nothing. Tom's silence to Alice's statement may be admissible in court as an adoptive admission.

Accepted Answer

Tom's silence in response to Alice's accusation, especially in the presence of others, can be considered as an adoptive admission if it can be reasonably inferred that a person would normally respond to such an accusation, thereby potentially being admissible in court under certain circumstances.

Question 4

A declarant, as defined by the hearsay rule, is a person who makes an out-of-court statement.

Accepted Answer

A declarant is indeed defined as a person who makes a statement outside of the current court proceedings, which is relevant under the hearsay rule in legal contexts.

Question 5

Immediately after an accident at the intersection where a pedestrian was injured, the driver of the vehicle stated to a bystander, "I did not see the red light." This statement can be admitted at the driver's trial as a declaration against interest.

Accepted Answer

The answer of Immediately after an accident at the intersection...

Question 6

An excited utterance explains or describes the event that is observed.

Accepted Answer

The answer of An excited utterance explains or describes the...

Question 7

An adoptive admission occurs when a person through words or actions accepts the statement of another person.

Accepted Answer

An adoptive admission occurs when a person accepts the truth of another's statement through their words, actions, or silence, implying agreement or belief in the statement's accuracy.

Question 8

Ben, Ken, and Len conspired to rob a bank. When acquiring the gun used in the bank robbery, Ken told Harry that they needed the gun to rob the bank. Harry can testify to this statement at the trial of Ben, Ken, and Len for the bank robbery.

Accepted Answer

Harry's testimony about Ken's statement is admissible as it is a statement against interest, which is an exception to the hearsay rule, and it is relevant to proving the conspiracy and intent to commit the bank robbery.

Question 9

Prior consistent statements made by a witness are admissible to rehabilitate the witness at trial.

Accepted Answer

Prior consistent statements can be used to rehabilitate a witness's credibility if their testimony is challenged, for example, by allegations of fabrication or undue influence, showing that the witness made the same statement before the alleged motive to lie arose.

Question 10

Medical records, although containing entries made by various persons throughout the course of the patient's medical care, are admissible though the testimony of custodian of records.

Accepted Answer

Medical records are considered an exception to the hearsay rule and can be admitted into evidence through the testimony of a custodian of records or another qualified witness who can attest to their authenticity and proper maintenance.

Question 11

Observations of law enforcement personnel are excluded from the business records exception to the hearsay rule because the officers may not be neutral.

Accepted Answer

The business records exception to the hearsay rule typically excludes observations by law enforcement personnel because their involvement in investigations may compromise their neutrality, potentially affecting the reliability of their observations.

Question 12

The Federal Rules of Evidence contain a residual exception to hearsay which can be used as a "last resort" exception to a judge to admit testimony that does not fall under any of the hearsay exceptions specifically identified in the Rules.

Accepted Answer

The Federal Rules of Evidence do contain a residual exception, often referred to as a "catch-all" exception, which allows a judge to admit hearsay evidence that does not fit into any of the specifically enumerated exceptions, provided certain criteria are met, such as the evidence having equivalent circumstantial guarantees of trustworthiness.

Question 13

What are the four areas opposing counsel might attack on cross-examination to discredit a witness's testimony about his or her observations?

Accepted Answer

The answer of What are the four areas opposing counsel...

Question 14

Explain the difference between an admission and a statement against interest.

Accepted Answer

The answer of Explain the difference between an admission and...

Question 15

How does an excited utterance differ from a present sense impression?

Accepted Answer

The answer of How does an excited utterance differ from...

Question 16

Why is there a hearsay exception for public records?

Accepted Answer

The answer of Why is there a hearsay exception for...

Question 17

Identify the six hearsay exceptions listed in Federal Rule 804 that are only available when a declarant is unavailable.

Accepted Answer

The answer of Identify the six hearsay exceptions listed in...

Question 18

Trace the history of the relationship between the Confrontation Clause of the Sixth Amendment and the hearsay rule from common law to the present position of the U.S. Supreme Court in Michigan v. Bryant.

Accepted Answer

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Question 19

Compare how the federal courts deal with admissions in relation to hearsay rules to the approach followed by the California courts, and discuss the rationale behind the approach used by the California courts.

Accepted Answer

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Question 20

What is hearsay evidence, and why would hearsay evidence be excluded from trial?

Accepted Answer

The answer of What is hearsay evidence, and why would...

Quiz 9: Hearsay