Evidence Law and Hearsay Rules Quiz

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Questions and Answers

Under what condition is a prior statement not considered hearsay?

The declarant testifies and is subject to cross-examination about it. (correct)

The declarant is not present to testify.

It is made in a casual conversation.

It is a written statement without the declarant's signature.

Which of the following criteria is NOT required for a prior inconsistent statement to be admissible?

The declarant's testimony is inconsistent with the statement.

The statement is made under penalty of perjury.

The statement was made during a sworn deposition.

The statement must be made in front of a jury. (correct)

Which of the following types of statements is generally admissible under FRE 803?

A statement made by a witness who is unavailable.

A statement that is hearsay but is allowed regardless of the witness's availability. (correct)

A statement that relies on the declarant’s memory.

A statement made exclusively in private messages.

What does FRE 801(d)(1)(C) require for admissibility?

The statement identifies a person the declarant perceived. Signup and view all the answers

In the context of the Confrontation Clause, what is a key right granted to defendants?

The right to confront witnesses against them. Signup and view all the answers

What was the main issue addressed in Baker v. State?

Whether witness testimony was erringly restricted. Signup and view all the answers

What aspect of hearsay does FRE 803 emphasize?

Some hearsay statements are admissible regardless of the declarant's status. Signup and view all the answers

What does the acronym CRIBCAPP represent in terms of impeachment measures?

Criminal Convictions, Prior Inconsistent Statements, Bad Acts, Psychiatric Evaluations Signup and view all the answers

In US v. Vigneau, what was the main concern regarding the forms presented?

The admissibility of the defendant's name and contact details as hearsay. Signup and view all the answers

What is NOT considered hearsay according to KISS SMAC?

A person's state of mind offered as evidence Signup and view all the answers

In the given example of Ari at the basketball game, which element makes Eric's statement non-hearsay?

It demonstrates Ari's reaction to the statement. Signup and view all the answers

Which of the following is a proper application of the balancing test under Rule 403?

Weighing the importance of probative value against unfair prejudice. Signup and view all the answers

Which scenario exemplifies hearsay?

A party recounts a statement made by another individual not present in court. Signup and view all the answers

What element must be present for a statement to qualify as hearsay?

The statement must be an assertion offered for truth. Signup and view all the answers

Why might a court exclude certain impeachment evidence despite its relevance?

It might be cumulative and not add new information. Signup and view all the answers

What does the term 'prior bad acts' imply in legal terms?

Past behavior used to portray a character's truthfulness or untruthfulness. Signup and view all the answers

What term describes evidence that is based on a person's regular practice or reflex behavior in specific circumstances?

Habit evidence Signup and view all the answers

Which FRE rule excludes relevant evidence due to potential prejudice, confusion, or waste of time?

FRE 403 Signup and view all the answers

What is a primary purpose of the DISVOW exceptions in criminal cases?

To allow character evidence for propensity purposes Signup and view all the answers

Which of the following is NOT part of the DISVOW exceptions?

Insurance claims Signup and view all the answers

What does FRE Rule 404(a) primarily address?

Character evidence and its general prohibition Signup and view all the answers

In what context may character evidence normally be allowed under KIPPOMIA?

For establishing witness honesty Signup and view all the answers

Which of the following is true regarding the admissibility of habit evidence?

It requires proof of repeated conduct in similar situations Signup and view all the answers

Why might evidence be excluded under FRE 403?

It could confuse or mislead the jury Signup and view all the answers

What is the main reason a partner cannot recover on a fire insurance claim for partnership property if their partner intentionally burned it?

The partner's innocent status does not remove liability. Signup and view all the answers

What is a key requirement for admitting former testimony under the hearsay rule?

There must be a similar motive for both parties involved. Signup and view all the answers

What was the outcome of the case regarding the admission of former testimony?

The court ruled that the testimony could not be admitted. Signup and view all the answers

What principle did the court reaffirm regarding the Federal Rules of Evidence?

Legislative intent is necessary for modifying rules. Signup and view all the answers

Which of the following statements is true regarding the former-testimony exception to the hearsay rule?

It cannot be created or modified without legislative intent. Signup and view all the answers

What condition allows a court to accept certain matters as true without formal evidence?

Judicial Notice Signup and view all the answers

Which case provides an example regarding judicial notice?

Meyers v. US Signup and view all the answers

Under what rule can a judge not instruct a jury to accept a judicially noticed fact as conclusive in a criminal case?

FRE 201 Signup and view all the answers

What type of impeachment involves demonstrating a witness’s bias against a party?

Bias Signup and view all the answers

Which method of impeachment allows for introducing evidence of specific bad acts?

Specific Instances Signup and view all the answers

In the context of contradiction, what makes evidence 'collateral'?

It does not relate to the core issue of the case. Signup and view all the answers

What rule governs the mode and order of examining a witness?

FRE 611 Signup and view all the answers

What is the significance of FRE 403 in the context of evidence?

It addresses the balance between probative and prejudicial value. Signup and view all the answers

What determines the admissibility of dying declaration evidence according to the stated rule?

It must directly result from the witness's observation through senses. Signup and view all the answers

In the case of Garza v. Delta Tua Delta Frat, why was the suicide note deemed inadmissible as a dying declaration?

It expressed a lack of control over the situation. Signup and view all the answers

What is the required expectation of death for a statement to qualify as a dying declaration based on the R v. Perry case?

The speaker must have abandoned all hope and believed death was imminent. Signup and view all the answers

What effect does a person's possible motive for self-exoneration have on the admissibility of a statement in Garza v. Delta Tua Delta Frat?

It renders the statement inadmissible. Signup and view all the answers

What aspect of the statement made by Agnes in R v. Perry contributed to its qualification as a dying declaration?

It was made with a hopeless expectation of death. Signup and view all the answers

According to the ruling in Traveler's Fire Ins. v. Wright, what must be true for prior testimony in a criminal trial to be admissible in a civil trial?

The issues must be the same between both trials. Signup and view all the answers

What principle underpins the rule for admissibility of dying declarations?

It is based on the assumption of truthfulness in the face of death. Signup and view all the answers

What was the outcome of the Perry's appeal regarding the admissibility of Agnes's statement?

The appeal was dismissed confirming the statement's admissibility. Signup and view all the answers

Study Notes

Evidence Types

Evidence can be tangible or testimonial.
Tangible evidence includes real evidence (e.g., murder weapon) and demonstrative evidence (e.g., charts, diagrams).
Testimonial evidence refers to statements or assertions made by witnesses under oath.

Direct vs. Circumstantial Evidence

Direct evidence directly proves a conclusion without needing additional inferences. Examples include confessions, eyewitness accounts, and video evidence.
Circumstantial evidence does not directly prove a conclusion but helps to prove a conclusion when all surrounding circumstances are considered. Example: running from police is circumstantial evidence of consciousness of guilt.

Relevance of Evidence

FRE Rules 401, 402, and 403 govern evidence relevance.
FRE 401 defines relevant evidence as evidence that has any tendency to make a fact more or less probable than it would be without the evidence. Also, that fact must be of consequence in the case.
Consequences include material facts, witness credibility, crime/claim/defense elements, and damages (in civil cases).
FRE 402 declares that relevant evidence is admissible unless otherwise prohibited by the U.S. Constitution, federal statute, or rules of the Supreme Court.

Exceptions to Admissibility of Evidence

Relevant evidence may be excluded if its probative value is substantially outweighed by a danger of unfair prejudice, confusing the issues or misleading the jury, undue delay, and wasting time.
Evidence of a person's habit or routine practice may be admitted to prove that on a particular occasion, the person or organization acted in accordance with that habit or practice.

Limitations on Evidence

Evidence of an offer to pay or promising to pay someone else's medical expenses may not be used to prove liability for that injury. This exception concerns the admissibility of evidence in court.
Evidence of prior similar occurrences can be admitted if similar circumstances exist.
Evidence of prior wrongs, acts, or crimes offered against a party may only be admissible for a limited purpose such as proving knowledge, intent, plan, preparation, opportunity, motive, identity, absence of mistake, or accident.

Character Evidence

Evidence of a person's character or predisposition is not admissible to prove that on a particular occasion, a person acted in accordance with that character or trait (in a civil case).
Exceptions exist for criminal cases where a Defendant or Victim's character is part of the charge or defense.
The scope of character-related exceptions depends on the type of case (civil or criminal).

Sex Offenses

In cases involving sex offenses, evidence of a victim's prior sexual conduct is generally inadmissible. Exceptions regarding the admissibility of evidence depend on whether the case is a civil or criminal case.

Authentication

A party must authenticate any tangible evidence to be introduced in court.

Authentication of Evidence

Authenticity deals with the validity of documents.
Self-authenticated items are admitted without external evidence (e.g., certified documents).

Similar Occurrences

Showing there were similar happenings of a certain incident many times is admissible for similar circumstances if there is enough substantial similarities.

Subsequent Remedial Measures

Evidence of steps taken after an accident to prevent it from happening again is inadmissible because public policy dictates that these actions should not be used against a responsible.

Guilty Pleas

Generally, evidence of a guilty plea is inadmissible.

Offers in Compromise

Evidence of offers to settle a disputed claim or actual settlements are generally inadmissible.

Judicial Notice

Courts can take judicial notice of facts that are not reasonably subject to dispute, such as widely known facts, matters of public record, or facts capable of accurate and ready determination from sources whose accuracy cannot be reasonably questioned. For example, courts can judicially notice that certain dates are on a particular day of the week, or that the earth revolves on its axis.

Examination of a Witness

Witnesses may be examined in a way that enables effective determination of evidence while protecting witnesses from unnecessary harassment.
Methods of Impeachment are ways to attack a witness's credibility.

Hearsay

Hearsay is an out-of-court statement offered to prove the truth of the matter asserted in the statement.

Exceptions to the Hearsay Rule

Various exceptions provide that statements that would otherwise be hearsay are admissible under certain conditions. Specific exceptions generally include statements made regarding a startling event, statements of present sense impression, then existing physical condition, and statements made for medical treatment.

Other Rules

A party attempting to present evidence is subject to balancing test concerns regarding unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time or needlessly presenting cumulative evidence.
Inadmissible evidence will not be admitted in court unless specific situations permit exceptions to the general rule.
Impeaching a witness involves disputing a witness's testimony and credibility.

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Description

Test your knowledge on the rules of hearsay and admissibility of evidence in legal proceedings. This quiz covers important legal principles, case law, and the nuances of the Confrontation Clause. Explore various statements and their classification under Federal Rules of Evidence (FRE).