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?

<p>The statement identifies a person the declarant perceived. (B)</p> Signup and view all the answers

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

<p>The right to confront witnesses against them. (D)</p> Signup and view all the answers

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

<p>Whether witness testimony was erringly restricted. (B)</p> Signup and view all the answers

What aspect of hearsay does FRE 803 emphasize?

<p>Some hearsay statements are admissible regardless of the declarant's status. (C)</p> Signup and view all the answers

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

<p>Criminal Convictions, Prior Inconsistent Statements, Bad Acts, Psychiatric Evaluations (D)</p> Signup and view all the answers

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

<p>The admissibility of the defendant's name and contact details as hearsay. (C)</p> Signup and view all the answers

What is NOT considered hearsay according to KISS SMAC?

<p>A person's state of mind offered as evidence (A), A silent gesture indicating disagreement (D)</p> Signup and view all the answers

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

<p>It demonstrates Ari's reaction to the statement. (C)</p> Signup and view all the answers

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

<p>Weighing the importance of probative value against unfair prejudice. (C)</p> Signup and view all the answers

Which scenario exemplifies hearsay?

<p>A party recounts a statement made by another individual not present in court. (B)</p> Signup and view all the answers

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

<p>The statement must be an assertion offered for truth. (D)</p> Signup and view all the answers

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

<p>It might be cumulative and not add new information. (A)</p> Signup and view all the answers

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

<p>Past behavior used to portray a character's truthfulness or untruthfulness. (D)</p> 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?

<p>Habit evidence (B)</p> Signup and view all the answers

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

<p>FRE 403 (B)</p> Signup and view all the answers

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

<p>To allow character evidence for propensity purposes (A)</p> Signup and view all the answers

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

<p>Insurance claims (B)</p> Signup and view all the answers

What does FRE Rule 404(a) primarily address?

<p>Character evidence and its general prohibition (B)</p> Signup and view all the answers

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

<p>For establishing witness honesty (B)</p> Signup and view all the answers

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

<p>It requires proof of repeated conduct in similar situations (C)</p> Signup and view all the answers

Why might evidence be excluded under FRE 403?

<p>It could confuse or mislead the jury (C)</p> 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?

<p>The partner's innocent status does not remove liability. (B)</p> Signup and view all the answers

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

<p>There must be a similar motive for both parties involved. (B)</p> Signup and view all the answers

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

<p>The court ruled that the testimony could not be admitted. (B)</p> Signup and view all the answers

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

<p>Legislative intent is necessary for modifying rules. (C)</p> Signup and view all the answers

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

<p>It cannot be created or modified without legislative intent. (C)</p> Signup and view all the answers

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

<p>Judicial Notice (B)</p> Signup and view all the answers

Which case provides an example regarding judicial notice?

<p>Meyers v. US (A)</p> 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?

<p>FRE 201 (C)</p> Signup and view all the answers

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

<p>Bias (B)</p> Signup and view all the answers

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

<p>Specific Instances (B)</p> Signup and view all the answers

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

<p>It does not relate to the core issue of the case. (D)</p> Signup and view all the answers

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

<p>FRE 611 (B)</p> Signup and view all the answers

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

<p>It addresses the balance between probative and prejudicial value. (D)</p> Signup and view all the answers

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

<p>It must directly result from the witness's observation through senses. (B)</p> 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?

<p>It expressed a lack of control over the situation. (A)</p> 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?

<p>The speaker must have abandoned all hope and believed death was imminent. (D)</p> 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?

<p>It renders the statement inadmissible. (D)</p> 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?

<p>It was made with a hopeless expectation of death. (A)</p> 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?

<p>The issues must be the same between both trials. (B)</p> Signup and view all the answers

What principle underpins the rule for admissibility of dying declarations?

<p>It is based on the assumption of truthfulness in the face of death. (C)</p> Signup and view all the answers

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

<p>The appeal was dismissed confirming the statement's admissibility. (C)</p> Signup and view all the answers

Flashcards

Former Testimony Exception

A court may not admit a witness's former testimony under the former-testimony exception to the hearsay rule if the exception's similar-motive requirement is not satisfied.

Insurance Claim for Partnership Property

A partner, even an innocent one, may not recover on a fire insurance claim if their partner intentionally burned the property.

Court's Power to Create Exceptions

A court may not create an exception to the Federal Rules of Evidence without legislative intent to do so.

Similar-Motive Requirement Waivable?

The similar-motive requirement of the former testimony exception cannot be waived under certain circumstances.

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Similar-Motive Requirement Applicability

The similar-motive requirement of the former testimony exception applies to all litigants, even if they were not parties to the previous case.

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Tangible Evidence

Evidence that is tangible, such as a physical object or document.

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Testimonial Evidence

Evidence that is given by a witness, either orally or in writing.

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Relevance - FRE 401

A rule of evidence that states that evidence is relevant if it has any tendency to make a fact more or less probable than it would be without the evidence.

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General Admissibility of Evidence - FRE 402

This rule states that all relevant evidence is admissible unless the rules specifically exclude it.

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Excluding Relevant Evidence - FRE 403

This rule states that even relevant evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of issues, misleading the jury, undue delay, waste of time, or needless presentation of cumulative evidence.

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Character Evidence

A character trait is a person's general disposition or tendency to act in a certain way. This evidence normally is not admissible, but there are exceptions.

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Habit Evidence

Habit is a person's regular, consistent response to a specific situation or set of circumstances.

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Similar Happenings

This rule states that evidence of similar happenings in the past may be admissible to prove that a particular event happened in a certain way.

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Judicial Notice

A legal doctrine where courts accept certain facts as true without needing formal proof, aiding in trial efficiency by eliminating unnecessary steps.

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Original Document

A document that is the best representation of its contents, preferred over copies.

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Contradiction Impeachment

A method of impeachment by challenging a witness's testimony with evidence contradicting their previous statements.

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Collateral Evidence

Evidence that is not relevant to the main issue in the case, and therefore, cannot be used to contradict a witness.

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Bias Impeachment

A method of impeachment by showing a witness may have bias or prejudice affecting their testimony.

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Impeaching by Specific Instances

Evidence of a witness's past bad acts, but only when those acts relate to their truthfulness or honesty.

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Impeaching By Reputation

Impeaching a witness's credibility by presenting evidence of their general reputation for dishonesty.

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Examination of Witness

A technique used to examine a witness during a trial. This determines the order of questions and the way the witness responds.

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Dying Declaration - Sensory Observation

A dying declaration is admissible as evidence if the witness's opinion is based on direct sensory observation. The court cannot speculate that the witness might have heard the defendant and identified them without evidence to support that claim.

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Dying Declaration - Imminent Death

A statement cannot qualify as a dying declaration if the declarant was not facing imminent death at the time of the statement.

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Suicide Note - Not a Dying Declaration

Suicide notes are not considered dying declarations because they are premeditated statements made in controlled circumstances and do not meet the criteria of a statement made under the belief of impending death.

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Dying Declaration - Abandonment of Hope

A dying declaration must be made with the belief that death is imminent. The deceased's statement must be made with a complete acceptance of death and abandonment of hope.

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Declaration Against Interest

A statement made against one's own interest is considered reliable evidence in court. This is because people are less likely to lie against themselves.

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Prior Testimony Admissibility

Prior testimony against a defendant in a criminal trial may be admissible in a subsequent civil trial if the issues are the same in both cases and the witness is unavailable.

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What is "evidence offered for a purpose other than the truth of the matter asserted?"

Evidence that is offered solely for the purpose of proving a fact other than the truth of the statement. It does not rely on the truthfulness of the statement but rather uses it as a tool to demonstrate something else.

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What is "Knowledge" in the context of non-hearsay?

The statement is used to prove that the person who made the statement had knowledge of something.

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What is "Independent Legal Significance" in the context of non-hearsay?

The statement is made during the occurrence of a legal event and clarifies the legal action or its meaning.

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What is "State of Mind of Speaker" in the context of non-hearsay?

The statement is offered to reveal the speaker's mental state, like their beliefs, feelings, or intentions.

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What is "State of Mind of Hearer" in the context of non-hearsay?

The statement is used to demonstrate the mental state of the person who heard the statement, such as their fear, trust, or understanding.

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What are "SMAC" exceptions to hearsay?

Silence, machines, and animals cannot make assertions, meaning they can't intentionally express a statement. Their actions are not considered as if they are trying to prove something.

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What are the exceptions to the hearsay rule?

Out-of-court statements that fall under specific exceptions are not considered hearsay and can be admitted as evidence.

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What is the "Former Testimony" exception to the hearsay rule?

Out-of-court statements made by a declarant who is unavailable to testify in court and meet certain conditions are not considered hearsay.

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FRE 801(d)(1) - Prior Inconsistent Statements

Prior inconsistent statements are admissible under FRE 801(d)(1) if the declarant testifies and is subject to cross-examination in court. The prior statement must have been made under oath in a formal setting, such as a trial, hearing, deposition, or other proceeding.

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FRE 801(d)(1) - Prior Consistent Statements

A prior consistent statement is admissible under FRE 801(d)(1) if the declarant testifies and is subject to cross-examination in court. The prior statement must have been made before the declarant's motive to lie was created or before any other alleged improper influence occurred.

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FRE 801(d)(1) - Statements of Identification

A statement identifying a person is admissible under FRE 801(d)(1) if the declarant testifies and is subject to cross-examination in court.

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Confrontation Clause

The Confrontation Clause of the Sixth Amendment guarantees the right of a criminal defendant to confront the witnesses against them. This right includes the opportunity to cross-examine those witnesses.

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Hearsay Exceptions

Hearsay exceptions are statements that are considered reliable enough to be admitted as evidence despite being technically hearsay. These exceptions apply regardless of whether the declarant is available to testify in court.

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FRE 803 - Hearsay Exceptions

FRE 803 outlines various exceptions to the hearsay rule, allowing certain statements to be admitted as evidence even if they are technically hearsay. These exceptions are based on the reliability or trustworthiness of the statements, regardless of whether the declarant is available to testify.

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Hearsay Rule

The rule against hearsay prohibits the admission of out-of-court statements offered to prove the truth of the matter asserted within the statement. However, there are several exceptions to this rule.

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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).

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