TEST 3

Question 1

Who acts as gatekeeper on expert testimony?

Answer 1

Trial Judge

Question 2

What rule allows experts to certify documents as learned treatise?

Answer 2

803

Question 3

T/F: according to 705, experts can give opinion and reason for that opinion without testifying as to underlying facts

Answer 3

TRUE

Question 4

How does the 6th amend, impact admissibility of hearsay?

Answer 4

Right to confront accusers aka the right to cross examine

Question 5

What are the 3 Questions for confrontation clause litigation?

Answer 5

1. Is the statement testimonial?
2. Is the declarant available for confrontation?
3. If they are not available, can the prosecution prove both that the declarant is unavailable and that the def had a chance to previously confront the declarant?

Question 6

T/F: Def’s own statements are considered testimony and therefore must be made available for def for confrontation

Answer 6

FALSE

Question 7

T/F: Courts bar experts from testifying explicitly to a particular mind set during the particular crime

Answer 7

TRUE

Question 8

T/F: Due to excitement of an event, hearsay is not admissible if declarant makes statement while perceiving that event

Answer 8

FALSE

Question 9

T/F: Rule 803(2) sates that hearsay is admissible if declarant is excited by that event

Answer 9

TRUE

Question 10

T/F: Rule 803(3) allows declarant’s out-of-court statements about their state of mind or physical condition (sorry question is worded weird)

Answer 10

TRUE

Question 11

T/F: recorded recollections are admissible hearsay if the devlarant is the one that made the recorded statement (talking about out-of-court statements)

Answer 11

TRUE

Question 12

What does rule 805 allow for?

Answer 12

Hearsay within hearsay aka Double Hearsay

Question 13

What makes business records admissible hearsay (know 2)

Answer 13

1. Records are a part of normal business activity
2. Recorded by a person with personal knowledge of the facts
3. Regular practice of keeping records
4. Records are introduced by a qualified witness (records custodian)

Question 14

What does 803(8) admit?

Answer 14

Public records

Question 15

What are 3 categories of admissible public records?

Answer 15

1. Routine observation of public office
2. Normal activities of public office
3. Results of public investigation

Question 16

Rule 804b(1) allows what?

Answer 16

admissibility of former testimony

Question 17

What makes witnesses former testimony admissible?

Answer 17

1. testimony was given at trial (under oath)
2. opposing party (or predecessor in interest) had opportunity to confront the witness testimony
3. Opposing party or predecessor in interest had opportunity and similar motive to develop testimony

Question 18

What is a dying declaration? Is it admissible? If so, under what rule?

Answer 18

A dying declaration is a statement made when the declarant believes death to be imminent. It is admissible under rule 804b(2)

Question 19

If someone recovers after making a dying statement, is that statement still admissible?

Answer 19

yes

Question 20

What does 804b(3) allow for?

Answer 20

Statements made against one’s own interest

Question 21

What does 801d(2e) admit?

Answer 21

Conspirators’ out-of-court statements about/against co-conspirators

Question 22

Article 1

Answer 22

Gives legislative powers to a congress of the united states split into a House of representatives and a senate

Question 23

Article 2

Answer 23

Executive powers are given to the president of the US

Question 24

Article 3

Answer 24

Judicial powers are given to the supreme court of the united states

Question 25

Amendment I

Answer 25

``` Freedom of speech Freedom of religion Freedom of press Right to assemble Right to petition the government ```

Question 26

Amendment II

Answer 26

Right of the people to keep and bear arms

Question 27

Amendment III

Answer 27

No soldiers can be quartered in a home during times of peace without the permission of the home owner

Question 28

Amendment IV

Answer 28

Protection of persons papers houses and effects against unreasonable searches and seizures by the government Warrants shall be issued upon probable cause, supported by oath of affirmation, describing with particularity the places to be searched and the people or things to be seized

Question 29

Amendment V

Answer 29

Right to not answer to a capital crime without indictment or presentment of a grand jury Right against self incrimination Right to due process Right against double jeopardy Government cannot seize property without just compensation

Question 30

Amendment VI

Answer 30

``` Right to counsel Right to confront witnesses Right to have witnesses in your favor Right to speedy and public trial by jury Right to notice of the charges against you ```

Question 31

Amendment VII

Answer 31

Right to jury trial in federal court where the value of the civil controversy exceeds $20

Question 32

Amendment VIII

Answer 32

Right against excessive fines Right against excessive bail Right against cruel and unusual punishment

Question 33

Amendment IX

Answer 33

The rights of the people are not limited to those specifically listed in the constitution

Question 34

Amendment X

Answer 34

Any right not mentioned in the constitution becomes a matter for the state to decide