MEE Rule Statements

Question 1

Hearsay is an

Answer 1

out of court statement that is offered to prove the truth of the matter asserted.

Question 2

Hearsay evidence is generally inadmissible unless

Answer 2

it falls within a hearsay exception or exclusion

Question 3

A present sense impression is an

Answer 3

out of court statement describing or explaining an event or condition that is made while or immediately after the declarant perceived it.

Question 4

An excited utterance is a statement made about

Answer 4

a shocking or startling event made while the declarant is under the stress of excitement that it caused.

Question 5

A statement that is made for the primary purpose of ascertaining past criminal conduct is

Answer 5

testimonial.

Question 6

A statement made primarily to enable police to render aid to meet an ongoing emergency is

Answer 6

not testimonial.

Question 7

For an out of court testimonial statement (hearsay) to be admissible against a criminal defendant, the 6th amendment

Answer 7

confrontation clause requires that the declarant must be unavailable and the defendant must have had a prior opportunity to cross-examine the declarant.

Question 8

To determine whether a statement is testimonial requires an

Answer 8

objective analysis of the circumstances regardless of the subjective purposes of the participants.

Question 9

A voice can be identified by

Answer 9

any person who has heard the voice at any time (including one made familiar coley for the purposes of litigation.)

Question 10

A previous out of court identification of a person after perceiving that person is not hearsay and may be

Answer 10

admissible as substantive evidence by the testimony of the declarant-witness. Even if the witness has no memory of the prior identification, it will be admissible because the witness is subject to cross-examination about the prior identification.

Question 11

In a criminal case, the prosecution is not permitted to introduce evidence of a defendant’s bad character to

Answer 11

prove that the defendant has a propensity to commit crimes and therefore is likely to have committed the crime in question.

Question 12

Evidence of a defendant’s crimes or other wrongful acts are

Answer 12

admissible for non-propensity purposes such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident.

Question 13

Only ___ evidence is admissible

Answer 13

relevant evidence

Question 14

Relevant evidence is that which

Answer 14

tends to make a material fact more or less probable

Question 15

Hearsay is an

Answer 15

out of court statement that is offered to prove the truth of the matter asserted.

Question 16

Hearsay is inadmisisble unless

Answer 16

it falls within an exception or an exclusion to the hearsay rule.

Question 17

A hearsay statement may include

Answer 17

nonverbal conduct intended as an assertion, such as nodding yes.

Question 18

A statement made by a party to the current litigation is not hearsay if it is offered by

Answer 18

an opposing party.

Question 19

A statement of present intent, motive, or plan can be admissible as a

Answer 19

hearsay exception to prove conduct in conformity with that state of mind.

Question 20

In a criminal case, the prosecution is not permitted to introduce evidence of a

Answer 20

defendant’s bad character to prove that the defendant has a propensity to commit crimes and therefore is likely to have committed the crime in question.

Question 21

however, if the defendant makes their character an issue in a criminal case by offering evidence of their good character or the victim’s bad character, the

Answer 21

defendant opens the door to allow the prosecution to rebut that evidence.

Question 22

A witness can be impeached by evidence that they have been

Answer 22

convicted of a crime that involved dishonesty or false statement, regardless of the punishment imposed or the prejudicial effect of the evidence.

Question 23

A conviction for a crime not involving fraud or dishonesty is admissible to impeach only if the crime is:

Answer 23

punishable by death or imprisonment for more than one year.

Question 24

A crime involves dishonesty or false statement if establishing the elements of the crime requires

Answer 24

proof or admission of an act of dishonesty or false statement.

Question 25

because a witness may be influenced by his relationship to a party, his interest in testifying, or his interest in the outcome of the case, a witness’s

Answer 25

bias or interest is always relevant to the credibility of his testimony.