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Exceptions to the Hearsay Rule

Description: This quiz will test your knowledge on the exceptions to the hearsay rule.
Number of Questions: 15
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Tags: evidence hearsay exceptions
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What is the hearsay rule?

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

  2. A statement made in court that is offered to prove the truth of the matter asserted.

  3. A statement made out of court that is offered to prove a fact other than the truth of the matter asserted.

  4. A statement made in court that is offered to prove a fact other than the truth of the matter asserted.

Show answer
Correct Option: A
Explanation:

The hearsay rule is a rule of evidence that prohibits the admission of out-of-court statements that are offered to prove the truth of the matter asserted.

What are the three main exceptions to the hearsay rule?

  1. Excited utterances, present sense impressions, and dying declarations.

  2. Excited utterances, past recollections recorded, and dying declarations.

  3. Excited utterances, present sense impressions, and learned treatises.

  4. Excited utterances, past recollections recorded, and learned treatises.

Show answer
Correct Option: A
Explanation:

The three main exceptions to the hearsay rule are excited utterances, present sense impressions, and dying declarations.

What is an excited utterance?

  1. A statement made under the influence of excitement caused by a startling event.

  2. A statement made under the influence of excitement caused by a non-startling event.

  3. A statement made under the influence of excitement caused by a startling event that is not relevant to the case.

  4. A statement made under the influence of excitement caused by a non-startling event that is not relevant to the case.

Show answer
Correct Option: A
Explanation:

An excited utterance is a statement made under the influence of excitement caused by a startling event.

What is a present sense impression?

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

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

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

  4. A statement made about an event or condition that is not happening at the time the statement is made.

Show answer
Correct Option: A
Explanation:

A present sense impression is a statement made about an event or condition that is happening at the time the statement is made.

What is a dying declaration?

  1. A statement made by a person who believes they are about to die.

  2. A statement made by a person who is not about to die.

  3. A statement made by a person who is about to die but is not relevant to the case.

  4. A statement made by a person who is not about to die but is relevant to the case.

Show answer
Correct Option: A
Explanation:

A dying declaration is a statement made by a person who believes they are about to die.

What are some other exceptions to the hearsay rule?

  1. Admissions of a party-opponent, ancient documents, and learned treatises.

  2. Admissions of a party-opponent, excited utterances, and dying declarations.

  3. Admissions of a party-opponent, present sense impressions, and learned treatises.

  4. Admissions of a party-opponent, excited utterances, and dying declarations.

Show answer
Correct Option: A
Explanation:

Some other exceptions to the hearsay rule include admissions of a party-opponent, ancient documents, and learned treatises.

What is an admission of a party-opponent?

  1. A statement made by a party to the case that is against their interest.

  2. A statement made by a party to the case that is in their interest.

  3. A statement made by a party to the case that is not relevant to the case.

  4. A statement made by a party to the case that is not against their interest.

Show answer
Correct Option: A
Explanation:

An admission of a party-opponent is a statement made by a party to the case that is against their interest.

What is an ancient document?

  1. A document that is at least 20 years old.

  2. A document that is at least 30 years old.

  3. A document that is at least 40 years old.

  4. A document that is at least 50 years old.

Show answer
Correct Option: A
Explanation:

An ancient document is a document that is at least 20 years old.

What is a learned treatise?

  1. A book or article that is written by an expert in the field.

  2. A book or article that is written by a non-expert in the field.

  3. A book or article that is not relevant to the case.

  4. A book or article that is not written by an expert in the field.

Show answer
Correct Option: A
Explanation:

A learned treatise is a book or article that is written by an expert in the field.

What is the residual hearsay exception?

  1. A catch-all exception that allows the admission of hearsay statements that are not covered by any other exception.

  2. A catch-all exception that allows the admission of hearsay statements that are covered by any other exception.

  3. A catch-all exception that allows the admission of hearsay statements that are not relevant to the case.

  4. A catch-all exception that allows the admission of hearsay statements that are not reliable.

Show answer
Correct Option: A
Explanation:

The residual hearsay exception is a catch-all exception that allows the admission of hearsay statements that are not covered by any other exception.

What are the requirements for the residual hearsay exception?

  1. The statement must be more probative on the point for which it is offered than any other evidence that the proponent can obtain through reasonable efforts.

  2. The statement must be more probative on the point for which it is offered than any other evidence that the opponent can obtain through reasonable efforts.

  3. The statement must be more probative on the point for which it is offered than any other evidence that the judge can obtain through reasonable efforts.

  4. The statement must be more probative on the point for which it is offered than any other evidence that the jury can obtain through reasonable efforts.

Show answer
Correct Option: A
Explanation:

The requirements for the residual hearsay exception are that the statement must be more probative on the point for which it is offered than any other evidence that the proponent can obtain through reasonable efforts.

What is the confrontation clause?

  1. A constitutional provision that guarantees the right of a criminal defendant to confront the witnesses against them.

  2. A constitutional provision that guarantees the right of a civil defendant to confront the witnesses against them.

  3. A constitutional provision that guarantees the right of a criminal defendant to confront the witnesses for them.

  4. A constitutional provision that guarantees the right of a civil defendant to confront the witnesses for them.

Show answer
Correct Option: A
Explanation:

The confrontation clause is a constitutional provision that guarantees the right of a criminal defendant to confront the witnesses against them.

How does the confrontation clause affect the hearsay rule?

  1. It makes the hearsay rule unconstitutional.

  2. It makes the hearsay rule constitutional.

  3. It makes the hearsay rule more restrictive.

  4. It makes the hearsay rule less restrictive.

Show answer
Correct Option: C
Explanation:

The confrontation clause makes the hearsay rule more restrictive because it requires that the declarant of a hearsay statement be available for cross-examination.

What are some of the exceptions to the confrontation clause?

  1. Excited utterances, present sense impressions, and dying declarations.

  2. Admissions of a party-opponent, ancient documents, and learned treatises.

  3. The residual hearsay exception.

  4. All of the above.

Show answer
Correct Option: D
Explanation:

All of the above are exceptions to the confrontation clause.

What is the best way to avoid hearsay problems?

  1. Object to hearsay statements when they are offered.

  2. Move to strike hearsay statements from the record.

  3. Request a limiting instruction from the judge.

  4. All of the above.

Show answer
Correct Option: D
Explanation:

All of the above are ways to avoid hearsay problems.

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