Question 1

What holds that the state should gather and present as much live testimony as possible?

Accepted Answer

Procedural rights theory emphasizes the importance of gathering and presenting live testimony to ensure fairness and due process in legal proceedings.

Question 2

The modern-day hearsay rule is supported by the

Accepted Answer

The Sixth Amendment supports the modern-day hearsay rule, particularly through the Confrontation Clause, which gives a defendant the right to confront witnesses against them.

Question 3

This entitles the accused to be present at trial and face adverse witnesses:

Accepted Answer

The confrontation clause, found in the Sixth Amendment of the U.S. Constitution, guarantees a defendant in a criminal case the right to be present at their trial and to face the witnesses against them.

Question 4

This entitles the defendant to be present and to cross-examine witnesses who testify but does not stop the prosecutor from offering testimonial accounts of what others said or from freely using prior statements by those who testify.

Accepted Answer

The answer of This entitles the defendant to be present...

Question 5

Testimonial evidence is relevant only if the witness

Accepted Answer

Testimonial evidence is relevant if the witness accurately perceived the event, correctly recalls their perception, and wishes to communicate their recollection accurately and honestly.

Question 6

When the declarant misspeaks or is misunderstood, it is a matter of

Accepted Answer

Narrative ambiguity occurs when the intended meaning of a statement is unclear due to the way it is expressed or interpreted, which can happen when the declarant misspeaks or is misunderstood.

Question 7

An example of an out-of-court notice is

Accepted Answer

Out-of-court notice refers to the impact or effect a statement or action has on the person who hears or observes it, rather than its truthfulness or legality. This is often relevant in legal contexts where the reaction or perception of the hearer is at issue.

Question 8

A nonverbal act can be considered hearsay if it

Accepted Answer

Nonverbal acts can be considered hearsay if they are intended by the person performing the act to communicate something specific, essentially serving as an assertion without words. This is because hearsay involves statements or assertions made out of court that are offered in court to prove the truth of the matter asserted. If a nonverbal act is intended to prove the matter asserted, it fits the definition of hearsay.

Question 9

Out-of-court statements identifying a person after the declarant has identified the
Person are prior

Accepted Answer

Statements of identification made out-of-court after the declarant has identified the person are considered prior statements of identification. These are typically admissible as an exception to the hearsay rule, provided the declarant is available for cross-examination at trial.

Question 10

Admissions by conduct are

Accepted Answer

The answer of Admissions by conduct are
...

Question 11

Statements by which of the following are exempt from the hearsay rule?

Accepted Answer

The answer of Statements by which of the following are...

Question 12

Which of the following people uttered the original statement(s) governed by the hearsay rule?

Accepted Answer

The declarant is the person who originally made the statement outside of the current court proceeding, and it is their statement that is subject to the hearsay rule.

Question 13

Which of the following constitutional amendments does hearsay often conflict with?

Accepted Answer

The Sixth Amendment guarantees the right to confront witnesses, and hearsay evidence can conflict with this right by introducing statements made outside of the courtroom without the opportunity for cross-examination.

Question 14

Which of the following legal theories requires a prosecutor to produce the declarant of hearsay?

Accepted Answer

Production theory requires the prosecutor to produce the declarant of hearsay evidence in court, ensuring that the defendant has the opportunity to cross-examine the person whose statement is being used against them. This is in contrast to other theories that may focus on the reliability of the hearsay evidence or its importance to the case.

Question 15

Which of the following legal theories states hearsay should be used only for corroboration or circumstantial proof of guilt?

Accepted Answer

The answer of Which of the following legal theories states...

Question 16

Which of the following legal theories states the prosecution should present as much live testimony as possible?

Accepted Answer

The answer of Which of the following legal theories states...

Question 17

Which of the following would be considered hearsay?

Accepted Answer

The answer of Which of the following would be considered...

Question 18

The hearsay rule traces its origins to

Accepted Answer

The answer of The hearsay rule traces its origins to
...

Question 19

In 1603, this individual was on trial for conspiracy to overthrow the King of England

Accepted Answer

Sir Walter Raleigh was tried for treason in 1603 for his alleged involvement in a plot against King James I of England.

Question 20

This rule states that the accused is entitled to be present at his or her trial and to see and hear the witnesses against him or her.

Accepted Answer

The Confrontation Clause of the Sixth Amendment to the United States Constitution provides that an accused has the right to be present at their trial and to face the witnesses against them, ensuring a fair opportunity to contest the evidence and cross-examine witnesses.

Quiz 11: The Hearsay Rule