Hearsay

Description: This quiz will test your knowledge on the concept of hearsay in law.
Number of Questions: 14
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Tags: law evidence hearsay
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What is the general rule regarding hearsay evidence?

  1. Hearsay evidence is admissible in court.

  2. Hearsay evidence is inadmissible in court.

  3. Hearsay evidence is admissible in court only if it is relevant.

  4. Hearsay evidence is admissible in court only if it is reliable.


Correct Option: B
Explanation:

Hearsay evidence is generally inadmissible in court because it is considered to be unreliable. This is because the person who made the statement is not present in court and cannot be cross-examined.

What are the exceptions to the hearsay rule?

  1. Excited utterances.

  2. Present sense impressions.

  3. Dying declarations.

  4. All of the above.


Correct Option: D
Explanation:

There are a number of exceptions to the hearsay rule, including excited utterances, present sense impressions, and dying declarations. These exceptions are based on the idea that the statements are reliable even though the person who made them is not present in court.

What is an excited utterance?

  1. A statement made under the influence of excitement.

  2. A statement made under the influence of alcohol.

  3. A statement made under the influence of drugs.

  4. None of the above.


Correct Option: A
Explanation:

An excited utterance is a statement made under the influence of excitement. This means that the statement was made without the person having time to think about it or fabricate it. Excited utterances are admissible in court as an exception to the hearsay rule.

What is a present sense impression?

  1. A statement made about an event that is happening at the time the statement is made.

  2. A statement made about an event that happened in the past.

  3. A statement made about an event that will happen in the future.

  4. None of the above.


Correct Option: A
Explanation:

A present sense impression is a statement made about an event that is happening at the time the statement is made. This means that the person who made the statement is perceiving the event with their own senses. Present sense impressions are admissible in court as an exception to the hearsay rule.

What is a dying declaration?

  1. A statement made by a person who is about to die.

  2. A statement made by a person who is seriously injured.

  3. A statement made by a person who is in pain.

  4. All of the above.


Correct Option: A
Explanation:

A dying declaration is a statement made by a person who is about to die. This means that the person who made the statement believes that they are going to die and that they have no hope of recovery. Dying declarations are admissible in court as an exception to the hearsay rule.

What are the requirements for a dying declaration to be admissible in court?

  1. The declarant must be about to die.

  2. The declarant must have no hope of recovery.

  3. The declarant must be competent to testify.

  4. All of the above.


Correct Option: D
Explanation:

In order for a dying declaration to be admissible in court, the declarant must be about to die, have no hope of recovery, and be competent to testify. This means that the declarant must be able to understand the questions that are being asked of them and must be able to give truthful answers.

What is the hearsay rule?

  1. A rule of evidence that prohibits the admission of out-of-court statements.

  2. A rule of evidence that prohibits the admission of in-court statements.

  3. A rule of evidence that prohibits the admission of both out-of-court and in-court statements.

  4. None of the above.


Correct Option: A
Explanation:

The hearsay rule is a rule of evidence that prohibits the admission of out-of-court statements. This means that a witness cannot testify about something that they heard someone else say unless the statement falls within an exception to the hearsay rule.

What are the three main types of hearsay?

  1. Prior statements, present sense impressions, and excited utterances.

  2. Prior statements, dying declarations, and excited utterances.

  3. Prior statements, dying declarations, and present sense impressions.

  4. None of the above.


Correct Option: B
Explanation:

The three main types of hearsay are prior statements, dying declarations, and excited utterances. Prior statements are statements that were made before the trial. Dying declarations are statements that were made by a person who was about to die. Excited utterances are statements that were made under the influence of excitement.

What is the difference between a prior statement and a dying declaration?

  1. A prior statement is made before the trial, while a dying declaration is made after the trial.

  2. A prior statement is made under oath, while a dying declaration is not made under oath.

  3. A prior statement is made by a witness, while a dying declaration is made by a victim.

  4. None of the above.


Correct Option: A
Explanation:

The main difference between a prior statement and a dying declaration is that a prior statement is made before the trial, while a dying declaration is made after the trial. Prior statements are usually made by witnesses, while dying declarations are usually made by victims.

What is the difference between an excited utterance and a present sense impression?

  1. An excited utterance is made under the influence of excitement, while a present sense impression is made under the influence of alcohol.

  2. An excited utterance is made under the influence of excitement, while a present sense impression is made under the influence of drugs.

  3. An excited utterance is made under the influence of excitement, while a present sense impression is made under the influence of pain.

  4. None of the above.


Correct Option: C
Explanation:

The main difference between an excited utterance and a present sense impression is that an excited utterance is made under the influence of excitement, while a present sense impression is made under the influence of pain. Excited utterances are usually made immediately after an event, while present sense impressions are usually made during an event.

What are some of the exceptions to the hearsay rule?

  1. Excited utterances.

  2. Present sense impressions.

  3. Dying declarations.

  4. All of the above.


Correct Option: D
Explanation:

There are a number of exceptions to the hearsay rule, including excited utterances, present sense impressions, and dying declarations. These exceptions are based on the idea that the statements are reliable even though the person who made them is not present in court.

What is the excited utterance exception to the hearsay rule?

  1. A statement made under the influence of excitement is admissible in court.

  2. A statement made under the influence of alcohol is admissible in court.

  3. A statement made under the influence of drugs is admissible in court.

  4. None of the above.


Correct Option: A
Explanation:

The excited utterance exception to the hearsay rule allows statements made under the influence of excitement to be admitted in court. This is because such statements are considered to be reliable, even though the person who made them is not present in court.

What is the present sense impression exception to the hearsay rule?

  1. A statement made about an event that is happening at the time the statement is made is admissible in court.

  2. A statement made about an event that happened in the past is admissible in court.

  3. A statement made about an event that will happen in the future is admissible in court.

  4. None of the above.


Correct Option: A
Explanation:

The present sense impression exception to the hearsay rule allows statements made about an event that is happening at the time the statement is made to be admitted in court. This is because such statements are considered to be reliable, even though the person who made them is not present in court.

What is the dying declaration exception to the hearsay rule?

  1. A statement made by a person who is about to die is admissible in court.

  2. A statement made by a person who is seriously injured is admissible in court.

  3. A statement made by a person who is in pain is admissible in court.

  4. None of the above.


Correct Option: A
Explanation:

The dying declaration exception to the hearsay rule allows statements made by a person who is about to die to be admitted in court. This is because such statements are considered to be reliable, even though the person who made them is not present in court.

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