Verified Test Bank Chapter 12 Exceptions to the Hearsay Rule

CHAPTER 12 TEST BANK

MULTIPLE CHOICE

1. The use of hearsay as evidence under certain circumstances is justified for which reason?

a. validity

b. necessity

c. protection

d. ease

2. A declarant’s statement, whether he or she is available, is admissible if the

a. timing of the statement places it within the period when the declarant was observing the matter in question.

b. contents of the declarant’s statement are valid.

c. declarant has passed away.

d. court hearing is held at the magistrate level.

3. A statement is admissible, whether or not the defendant is available as a witness, if the content of the statement relates to

a. the crime.

b. a startling event.

c. a life-or-death situation.

d. a psychological test.

4. The rationale for allowing excited utterances is

a. validity.

b. necessity.

c. grave seriousness.

d. reliability.

5. The then-existing mental, emotional, or physical condition exception covers

a. life-or-death situations.

b. statements about what a person was feeling at the time he or she spoke.

c. statements about what a person was feeling during the trial.

d. psychological diagnosis.

6. A recorded statement of a declarant may be read into evidence or played for the trier of fact, provided that the

a. declarant was a witness in the case

b. statement concerns a matter of which the declarant would have personal knowledge.

c. declarant cannot remember the matter such that he or she can testify accurately.

d. all of the above

7. The rationale for past recollection recorded is

a. reliability.

b. validity.

c. necessity.

d. ease.

8. A writing by a government agency is admissible if it records

a. personal observation.

b. objective reasoning.

c. acts of the agency.

d. findings of an investigation.

9. The absence of records kept in accordance with the business records exception is admissible to prove the nonoccurrence or nonexistence of the matter and is known as

a. silent hound exception.

b. hearsay exception.

c. business exception.

d. law enforcement exception.

10. All of the following are exempt from the hearsay rule except

a. records of religious organizations.

b. certain family records and memorabilia.

c. documents affecting an interest in property.

d. a child’s testimony.

11. The types of reputation of evidence that are admissible do not include reputation evidence concerning

a. personal or family history.

b. character.

c. business history.

d. boundaries.

12. Which of the following prior statements would not be considered exempt from the hearsay rule?

a. An informant signs a sworn statement that the defendant said he wanted to steal a painting from a museum.

b. A witness testified at a preliminary hearing that the defendant said he wanted to steal a painting from a museum.

c. A witness had previously told a friend that he wanted to steal a painting from a museum but while testifying stated he never made such a statement.

d. An informant told a police officer that the defendant had told the informant that the defendant intended to steal a painting from a museum.

13. Which of the following admissions by a party opponent would not be admissible?

a. A defendant in a murder trial had told a witness that the victim was living on borrowed time.

b. An employee of the defendant told the witness that the defendant drove home drunk every night.

c. A former co-defendant in a robbery trial stated that the defendant needed money to pay gambling debts.

d. A victim testifies that the defendant had offered the victim $1,000 to settle the case out of court.

14. Upon seeing a car driving at a high speed, a witness testifies that the declarant calmly stated “that looks dangerous.” Which one of the following exceptions to the hearsay rule would the example be considered?

a. present sense impression

b. excited utterance

c. then-existing mental, emotional, or physical condition

d. past recollection recorded

15. Upon almost being hit by a car, a witness testifies that declarant exclaimed, “Are you trying to kill someone?” Which one of the following exceptions to the hearsay rule would the example be considered?

a. present sense impression

b. excited utterance

c. then-existing mental, emotional, or physical condition

d. past recollection recorded

16. After seeing the defendant in a trial for battery, a witness testifies that declarant stated “that dude looks angry.” Which one of the following exceptions to the hearsay rule would the example be considered?

a. present sense impression

b. excited utterance

c. then-existing mental, emotional, or physical condition

d. past recollection recorded

17. A medical examiner testifying at a trial reads into the record a statement she made after performing an autopsy. Which one of the following exceptions to the hearsay rule would the example be considered?

a. past recollection recorded

b. business records exception

c. official records exception

d. vital statistics exception

18. A rental car agreement, signed by the defendant, is introduced into evidence after the victim was found dead in the trunk of the rented car. Which one of the following exceptions to the hearsay rule would the example be considered?

a. past recollection exception

b. business records exception

c. official records exception

d. vital statistics exception

19. Which of the following examples cannot be admitted into evidence using the official records exception?

a. an incorrect tax return filed by defendant

b. a fraudulent accident report filed by defendant

c. a police report filed against defendant

d. a recording of a 911 call made by defendant

20. Which of the following exceptions to the hearsay rule would a marriage license be considered?

a. past recollection exception

b. business records exception

c. official records exception

d. vital statistics exception

21. Which one of the following witnesses would be considered available to testify?

a. a priest who heard a defendant’s confession

b. a reluctant witness who refuses to testify

c. an insane witness

d. a witness who would reveal damaging information about a defendant

22. Which one of the following witnesses would be considered available to testify?

a. a witness who cannot form long-term memories

b. a witness in a nursing home who suffers from dementia

c. a witness who lives in a remote village in China

d. a witness who is a bitter ex-business partner

23. Unrestricted hearsay exceptions

a. do not require that the declarant be inaccessible.

b. require that the declarant be accessible.

c. are only available to witnesses for the defense.

d. cannot be made out-of-court.

24. Statements that are reliable and __________ are the two reasons that justify the use of hearsay as evidence under certain circumstances.

a. confidential

b. valid

c. timely

d. necessary

25. This is a statement made by the declarant as the event or condition is occurring.

a. vital statistics exception

b. distant declarants

c. present sense impression

d. contemptuous declarants

26. If the content of a statement relates to a startling event or condition, and the statement was made while the declarant was under the stress cause by the event or condition, then this statement is admissible whether or not the declarant is available as a witness.

a. excited utterance exception

b. recorded recollection

c. “silent hound” exception

d. forgetful declarant

27. This statement is about what a person was feeling at the time he or she spoke.

a. distant declarant statement

b. then-existing mental, emotional, or physical condition

c. statements in ancient documents

d. official records exception

28. What is a key restriction on the “then-existing mental, emotional, or physical” hearsay exception?

a. The statement must be made to at least two witnesses.

b. It does not permit statements of memory or belief.

c. It must be written down at the time of the statement.

d. The statement must be accompanied by a doctor’s note.

29. This exception allows a written or voice recorded statement of a declarant to be read into evidence or played for the trier of fact, provided that a number of conditions are met.

a. recorded recollection

b. then-existing mental, emotional, or physical condition

c. declarations against interest

d. reputation evidence

30. Which of the following is one of the conditions that must be met in order for the recorded recollection exception to take place?

a. The declarant has to be a witness in the case.

b. The statement has to be validated by a lower court magistrate.

c. This exception applies only if the declarant cannot remember the matter such that he or she cannot testify accurately.

d. both a and c

31. This exception allows statements recorded as a matter of routine in the procedures of a regularly conducted business activity to be admissible, without regard to the availability of the declarant.

a. official records exception

b. business records exception

c. “silent hound” exception

d. vital statistics exception

32. Which one of the following is not a restriction that governs the business records exception?

a. The statement must have been recorded during the regular course of business.

b. The statement must have been recorded as a record of some event or condition.

c. The statement must have been recorded at or near the time of the event or condition.

d. The statement must have been recorded with a government official present.

33. This is a writing, statement, report, data compilation, or other record by a government agency.

a. official records exception

b. vital statistics exception

c. “silent hound” exception

d. business records exception

34. Which one of the following is not a condition that allows for the official records exception?

a. The record is of an act of the agency.

b. The record is of factual findings of investigations.

c. The record is made as observed by police officers.

d. The record is of matters the agency is required to observe and report.

35. This exception allows the admission of public records of certain documents, including births, deaths, and marriages.

a. business records exception

b. official records exception

c. “silent hound” exception

d. vital statistics exception

36. This exception is the collective of both the FRE 803(7) and the FRE 803(1) and are the mirror images of the business records and official records exceptions.

a. “silent hound” exception

b. reputation exception

c. statements in ancient documents

d. recorded recollection

37. According to the Federal Rules of Evidence, statements in a document in existence twenty years, the authenticity of which is established, are not bound by the hearsay rule. This exception is known as

a. recorded recollection.

b. then-existing mental, emotional, or physical condition.

c. statements for purposes of medical diagnosis or treatment.

d. statements in ancient documents.

38. What is one of the rationales behind the hearsay exception pertaining to statements in ancient documents?

a. The documents are bound to deteriorate over time.

b. The documents need to be authenticated before a trial takes place.

c. It may be difficult to find a witness for the documents.

d. The documents are public so therefore must be kept accurate.

39. This exception covers statements published in books, magazines, pamphlets, and other such documents.

a. public records exception

b. vital statistics exception

c. learned treatises

d. statements in ancient documents

40. Which of the following is not a type of reputation evidence that is admissible under the Federal Rules of Evidence?

a. personal or family history

b. character

c. boundaries

d. none of the above

TRUE/FALSE

1. ____ A hearsay exception will not apply if the statement is not relevant.

2. ____ A declarant’s statement is admissible if the timing of the statement places it within the period when the declarant was observing the matter in question.

3. ____ The excited utterance exception requires that the excited event resulted from the statement.

4. ____ Past recollection refreshed is considered hearsay.

5. ____ The silent hound exception mirrors the dying declaration exception, except dealing with pets.

6. ____ Evidence of past judgments is bound by the hearsay rule.

7. ____ According to the FRE, forgetful declarants are not considered unavailable.

8. ____ A present sense impression is a statement made by the declarant as the event or condition is occurring.

9. ____ The rationale for present sense impressions is necessity.

10. ____ The present sense impression hearsay exception requires that the declarant be a participant in the event described by the statement.

11. ____ An excited utterance must be made while the declarant was under the stress or excitement caused by the event or condition.

12. ____ The rationale for the excited utterance exception is reliability.

13. ____ Generally, when a person is under stress or excitement caused by an event, it is more likely that he or she will fabricate a statement.

14. ____ The then-existing mental, emotional, or physical condition exception covers statements about what a person was feeling at the time of his or her testimony.

15. ____ The then-existing mental, emotional, or physical condition hearsay rule rationale is both reliability and necessity.

16. ____ The past state of mind exception requires unavailability of the declarant.

17. ____ The then-existing mental, emotional, or physical condition hearsay exception permits statements of memory or belief.

18. ____ The primary rationale for the statements for purposes of medical diagnosis or treatment hearsay exception is reliability.

19. ____ Statements of medical diagnosis need to be made by the patient to fall within the exception.

20. ____ The recorded recollection exception allows a recorded (in writing only) statement of a declarant to be read into evidence or played for the trier of fact.

21. ____ The declarant does not have to be a witness in the case under the recorded recollection exception.

22. ____ The rationales for the recorded recollection exception both reliability necessity.

23. ____ Recollection recorded and recollection refreshed are the exact same.

24. ____ The opposing party is the only party that can introduce evidence of a past recollection recorded.

25. ____ The business records exception has four important restrictions that must be met.

26. ____ Business records should be kept so that people do not bear the burden to remember every transaction or important occurrence.

27. ____ Records under the business records exception could be written or audio recordings.

28. ____ Both government agencies and criminal organizations can fall under the definition of a “business” under the business records exception.

29. ____ Official records exception does not apply to writings that include matters observed by police officers.

30. ____ Official records are not admissible in criminal proceedings against the defendant.

31. ____ The rationale for the official records exception is generally reliability and necessity.

32. ____ The learned treatises exception does not cover statements published in magazines or books.

33. ____ Reputation evidence concerning personal or family history is not admissible.

34. ____ Reputation evidence about community history is admissible.

35. ____ A declaration against interest is a statement made by an unavailable person that, at the time it was made, would have been harmful to some interest of the declarant.

SHORT ANSWERS

1. Define hearsay exception

2. What are two reasons that justify the use of hearsay as evidence?

3. What is the “then-existing mental, emotional or physical condition exception? What is the rationale?

4. What is the “learned treatises” hearsay exception?

5. What are the three types of reputation evidence admissible under the FRE?

Reputation evidence concerning personal or family history; reputation concerning character; reputation evidence concerning boundaries (community history).