Barbri Amp Hearsay

Question 1

What is Hearsay?

Answer 1

An out of court statement, offered to prove the truth of the matter asserted.

Question 2

The __________ exception to the hearsay rule allows a witness who has insufficient recollection of an event to read a writing into evidence in front of the jury.

Answer 2

Past Recollection Recorded

Question 3

Statements about past bodily conditions are generally inadmissible unless

Answer 3

Made to assist in diagnosing or treating the condition.

Question 4

T/F: Federal Rule 803(4) permits declarations about past bodily condition even when made to a doctor employed to testify?

Answer 4

TRUE

Question 5

T/F: The hearsay exception for statements of past bodily condition does not require that the statements be made before litigation could be anticipated.

Answer 5

TRUE

Question 6

What are the three catch-all exceptions to hearsay?

Answer 6

(1) The statement must have circumstantial guarantees of worthiness; (2) the statement must be more probative to a material fact than any other evidence the proponent can reasonably produce; (3) the proponent must give notice in advance of the trial to the adverse party as to the nature of the statement.

Question 7

The plaintiff offers evidence that the declarant said, I intend to go to Hawaii next week, to prove that the declarant went to Hawaii the following week. This falls under which exception to the hearsay rule?

Answer 7

State of Mind

Question 8

The dying declaration exception to the hearsay rule applies where the statement:

Answer 8

Concerned the cause or circumstances of what the declarant believed to be his impending death.

Question 9

The Confrontation Clause prevents the prosecution in a criminal case from introducing testimonial hearsay evidence against a defendant unless:

Answer 9

The declarant is unavailable and the defendant had a prior opportunity to cross-examine the witness.

Question 10

A declarant’s former testimony may be admitted as an exception to the hearsay rule ONLY IF

Answer 10

the declarant is unavailable to testify at trial.

Question 11

Is a deed, will, or other document establishing or affecting an interest in property admissible under the Federal Rules?

Answer 11

Yes, as a hearsay exception, regardless of the document’s age.

Question 12

In order for a past recollection recorded exception to apply, the witness must

Answer 12

Be unable to revive her memory by looking at the writing. Also, the writing must have been made by the witness, made at the witnesss direction, or adopted by the witness. Thus, the witness must have had some previous connection with the writing.

Question 13

Under the hearsay rule, a statement establishing or affecting an interest in property (e.g., deed, will, etc.) is

Answer 13

Generally admissible under the Federal Rules as an exception to hearsay.

Question 14

The general rule under the Federal Rules ancient documents exception is that any authenticated document 20 years old or more is admissible. However, statements in a document affecting property interests (e.g., a will or deed) are admissible if the document is how old?

Answer 14

Regardless of the age of the document.

Question 15

T/F? The Federal Rules disfavor any business records made in anticipation of litigation.

Answer 15

True.

Question 16

T/F? Under the Federal Rules, a certified copy of a felony conviction is admissible as an exception to the hearsay rule in Civil AND Criminal Cases to prove any fact essential to the judgment.

Answer 16

True.

Question 17

T/F? Admissions of a party-opponent are considered nonhearsaythey are not exceptions to the hearsay rule.

Answer 17

True.

Question 18

A statement against interest differs from an admission in that

Answer 18

the declarant does not have to be a party to the action.

Question 19

The business records exception to the hearsay rule applies only where the record was made:

Answer 19

Only where the record was made in the regular course of business activities.

Question 20

Former testimony from a now-unavailable witness may be admissible in a subsequent trial if the former testimony occurred in any of these settings:

Answer 20

Deposition; Prior Criminal Hearing; Prior Civil Hearing

Question 21

Under the federal rules, a statement by a declarant may be imputed to a party as a vicarious admission if

Answer 21

the relationship is that of Principal and Agent.

Question 22

Under the Federal Rules, in order for a hearsay statement to be admissible under the statements of personal or family history exception, the declarant must be a

Answer 22

Member of the family or otherwise intimately associated with the family.

Question 23

Under the Federal Rules, a party may be held vicariously responsible for the admission of someone with any of the following relationships to the party:

Answer 23

Authorized spokesperson; partner; co-conspirator; principal-agent.

Question 24

Admissions by a party-opponent are considered nonhearsay under the Federal Rules. For a partys statement or act to qualify as an admission, it must

Answer 24

Concern a fact relevant to the case.

Question 25

A witnesss prior consistent statement is not hearsay if offered to

Answer 25

Rebut a charge that a witness is lying for a particular motive.

Question 26

Under the Federal Rules, an admission by a party-opponent is

Answer 26

Nonhearsay. Although traditionally an exception to the hearsay rule, an admission by a party-opponent is not hearsay at all under the Federal Rules

Question 27

Under the Federal Rules, the dying declaration exception to the hearsay rule applies only in

Answer 27

Civil Actions and Homicide Prosecutions.

Question 28

The testimony of a now-unavailable witness given under oath at another hearing or in a deposition is admissible in a subsequent trial as long as

Answer 28

There is sufficient similarity of parties and issues.

Question 29

The hearsay exception for statements against interest is only available if

Answer 29

the declarant is unavailable to testify at trial.

Question 30

Under the Federal Rules, a court may exclude a business record prepared in anticipation of litigation from evidence if

Answer 30

the source of information or other circumstances indicate the record lacks trustworthiness.

Question 31

T/F? Police officers’ observations contained in police reports are inadmissible against the defendant in criminal cases.

Answer 31

True.

Question 32

T/F? For purposes of the Confrontation Clause, affidavits that summarize the findings of a forensic analyst (e.g., ballistics test results) are considered testimonial.

Answer 32

True.