Question 1

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

Accepted Answer

The hearsay rule prohibits the use of out-of-court statements offered to prove the truth of the matter asserted in the statement. In other words, if a statement is offered to prove that what was said is true, then it is hearsay.

Question 2

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

Accepted Answer

Crawford v. Washington established that a defendant's Sixth Amendment right to confrontation is violated when hearsay is used against them in court unless the declarant is unavailable and the defendant had a prior opportunity to cross-examine the declarant. Therefore, to be admissible, statements that would otherwise be testimonial require that the defendant have the right to confront the declarant.

Question 3

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

Accepted Answer

The hearsay rule only applies to out-of-court statements made by a declarant that are assertive in nature. This means that the statement must be more than just a question or a neutral observation, but must actually assert a fact or point of view. Oral and written statements can both fall under the hearsay rule, but interrogatories (written questions posed during a legal proceeding) are generally not considered hearsay.

Question 4

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

Accepted Answer

The hearsay rule only prohibits statements that are offered as evidence to prove the truth of the matter asserted in the statement. Other statements that are not offered to prove the truth of the matter asserted may still be admissible under exceptions to the hearsay rule.

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

Accepted Answer

The hearsay rule, which restricts the use of out-of-court statements as evidence in court, is a fundamental principle of Anglo-American law. It is considered one of the essential features of the common law legal system, and its development is widely regarded as a major accomplishment of English legal history. However, while the hearsay rule is undoubtedly important, it is difficult to argue that it was the second greatest contribution of the English legal system after the jury trial, which is widely considered the cornerstone of English and American justice. The grand jury, the right to notice of the charges, and the right to an attorney, while significant, are not on the same level of importance as the jury trial.

Question 6

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

Accepted Answer

Hearsay testimony is problematic because it involves someone reporting what another person said, rather than providing a first-hand account of events. The key issue is that the actual witness (the person who directly observed the events) is not present in court to testify, which prevents cross-examination and verification of the testimony's accuracy.

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.

Accepted Answer

The Star Chamber trials were notorious for allowing evidence based on hearsay and were prominent in English courts between the years 1558 and 1625.

Question 8

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

Accepted Answer

The trial of Sir Walter Raleigh in 1603 raised concerns about the use of hearsay evidence in English trials. Raleigh was accused of treason based on statements made by others, rather than on direct evidence. The trial and its use of hearsay evidence highlighted the need for reforms in the English legal system.

Question 9

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

Accepted Answer

Statements made by a co-conspirator during and in furtherance of the conspiracy are not considered hearsay because they are seen as being made as part of the scheme and therefore are admissible in court.

Question 10

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

Accepted Answer

The right to confront and cross-examine adverse witnesses is a fundamental right guaranteed by the Sixth Amendment of the United States Constitution. Hearsay, which is testimony by a witness who does not have firsthand knowledge of the facts at issue, can potentially violate this right if the defendant is unable to confront and cross-examine the actual witness who made the statement.

Question 11

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

Accepted Answer

The Confrontation Clause, found in the Sixth Amendment, guarantees that a defendant has the right to confront their accuser in court. This protects the value of the accused being able to challenge the credibility of the witness and cross-examine them. Similarly, the rule against hearsay prohibits the admission of out-of-court statements made by someone who is not in court to be cross-examined. This also protects the value of credibility and reliability of the evidence presented in court. Both the Confrontation Clause and the rule against hearsay aim to ensure a fair trial for the accused.

Question 12

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

Accepted Answer

English common law in criminal cases was based on an accusatorial principle, which means that the burden of proof rested with the prosecution, and the accused was presumed innocent until proven guilty beyond reasonable doubt. This is in contrast to the inquisitorial system, which is based on the idea that the judge should take an active role in investigating the facts of a case. The confrontational principle refers to the adversarial nature of the court system, where each side argues its case before a neutral judge or jury. The equitable principle relates to the jurisdiction of the court to hear cases that fall within its scope of authority.

Question 13

Hearsay can be written statements, communicative conduct, or

Accepted Answer

Hearsay can be oral statements made outside of court, but repeated in court by someone else, which is a key characteristic that makes it unreliable evidence. The other options (B, C, D) are not typically considered forms of hearsay.

Question 14

The general rule is that hearsay is

Accepted Answer

The general rule is that hearsay is not admissible as evidence in court, as it is considered unreliable and lacking in firsthand knowledge. There are exceptions to this rule, but they are limited in scope.

Question 15

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

Accepted Answer

The statement in choice D is an out-of-court statement made by someone other than the defendant and offered to prove the truth of the matter asserted (that the defendant pulled the trigger and fired the fatal shot). This fits the definition of hearsay. Choices A, B, and C are not offered to prove the truth of any assertion and therefore would not be considered hearsay.

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?

Accepted Answer

Admission by a party opponent is specifically defined as not being hearsay because it is considered to be a statement made by a party to the case and therefore an admission against interest. This means it is more reliable and admissible as evidence. Unsworn statements made before a judge, statements by the victim of a crime, and statements by the judge at a prior trial are not specifically defined as not being hearsay.

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 ___________.

Accepted Answer

Cross examination is a process in which an opposing lawyer questions the witness who provided the hearsay statement, allowing for the opportunity to challenge the witness's credibility and accuracy of the statement.

Question 18

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

Accepted Answer

The Sixth Amendment of the United States Constitution guarantees the right of a defendant to confront witnesses against them, which includes the right to cross-examine witnesses and challenge the reliability of their testimony. Allowing hearsay testimony, which is an out-of-court statement offered as evidence for the truth of its contents, without an opportunity for cross-examination, may violate this right.

Question 19

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

Accepted Answer

The declarant is the person who makes the statement. The other options do not refer to the person making the statement.

Question 20

In hearsay testimony, the person on the witness stand is

Accepted Answer

In hearsay testimony, the person on the witness stand is not the person who personally witnessed or heard the evidence. Hearsay is an out-of-court statement offered in court as evidence to prove the truth of the matter asserted in the statement by someone other than the witness on the stand.

Quiz 7: The Use of Hearsay in the Courtroom