Chapters 35-39 Quiz

Question 1

Hearsay Definition

Answer 1

Hearsay is an out of court statement being offered for the truth of the matter asserted.

Question 2

Declarant Definition

Answer 2

The declarant is the person making the statement outside of the current trial or hearnig

Question 3

What are the four concerns to address when talking about the reliability of a testimony?

Answer 3

• Perception
• Memory
• Clarity
• Sincerity

Question 4

Hearsay is not admissible unless any of the following provides otherwise:

Answer 4

a federal statute, these rules, or other rules prescribed by the Supreme Court

Question 5

Firsthand testimony is preferred to second hand testimony because (four reasons):

Answer 5

1. Secondhand testimony doubles the possibility that one of the reporters is mistaken or lying
2. Firsthand testimony can be tested by cross-examination
3. The finder of fact can better evaluate the confidence and sincerity of the information if they can watch the individual report if firsthand
4. At trial, firsthand testimony is made under oath in a formal, solemn setting

Question 6

What type of statements are not hearsay if offered for… (not truth of the matter asserted)?

Answer 6

• Knowledge of the speaker
• Notice to a listener
• Publication in a defamation case
• Effect on the listener
• Legally binding statements

Question 7

What is a statement?

Answer 7

• A person’s oral assertion
• A written assertion or
• Nonverbal conduct

Question 8

Do most audiotapes contain verbal assertions?

Answer 8

Yes

Question 9

Do most photographs and videotapes portray human assertions?

Answer 9

No

Question 10

Do most machine readouts portray human assertions?

Answer 10

No, but if they convey a human assertion, then it would qualify as a statement.

Question 11

How many exceptions are there to the hearsay rule?

Answer 11

31

Question 12

Why are there so many hearsay exceptions?

Answer 12

1. Some hearsay statements are more reliable than others
2. Some hearsay statements are more needed than others

Question 13

Nearly every exception to the hearsay rule rests in part on the special indicia of reliability. T or F?

Answer 13

True

Question 14

What are the four categories of hearsay exceptions?

Answer 14

• Exemptions
• Unavailability of declarant
• Residual exception
• Availability of declarant doesn’t matter

Question 15

Who decides if something is admissible as hearsay or not?

Answer 15

The judge under rule 104(a)

Question 16

Why might the constitutional issue of whether hearsay exceptions may violate the Sixth amendment be raised?

Answer 16

Because when the court admits an out-of-court statement, the Defendant often lacks an opportunity to cross-examine the declarant who made the statement.

Question 17

Which is the only time Sixth amendment issues can be brought up in relation to hearsay?

Answer 17

Criminal cases

Question 18

Under Rule 801(d)(1), what conditions allows the admission of some prior statements by witnesses?

Answer 18

• The declarant testifies, and
• Is subject to cross-examination about a prior statement

Question 19

If the conditions of 801(d)(1) are met, what types of prior witness statements are admissible?

Answer 19

• Statements that are inconsistent with the witness’s courtroom testimony (memory failure, statement given under penalty of perjury)
• Statements that are consistent with that testimony (witness credibility must be attacked, statement must be probative for rehabilitation, statement must have been made before the motive to fabricate or improper influence began)
• Pretrial identifications of a person