_____ is known as a declarant’s internal (personal) view of his or her state of mind, emotional, sensory or physical condition. The statement is admissible to establish what the declarant truthfully believes about his or her condition.
Answer
Correct Answer:
vital statistics
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_____ is defined as a declarant’s internal (personal) view of his or her state of mind, emotional, sensory or physical condition. The statement is admissible to establish what the declarant truthfully believes about his or her condition.
Answer
Correct Answer:
then-existing mental, emotional, or physical condition
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_____ is a statement made by an unavailable declarant while believing that the declarant’s death was imminent concerning the cause or circumstances of what the declarant believed to be impending death.
Answer
Correct Answer:
statement under belief of impending death
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Is statement of personal or family history when family relationships are at issue, a party may rely on hearsay to establish births, deaths, marriages, and adoption and other facts of personal and family history?
Answer
Correct Answer:
True
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_____ is known as the public records of agencies include the courts, police, correctional institutions, and every other part of the government.
Answer
Correct Answer:
public record
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_____ is defined as a “statement describing or explaining an event or condition made while or immediately after the declarant perceived it.” The statement must describe or explain rather than analyze the event and must be made immediately or within a brief period following the event.
Answer
Correct Answer:
present sense impression
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_____ is a hearsay exception for the absence of a business record or public record.
Answer
Correct Answer:
negative hearsay
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Is near-miss issue a statement that narrowly misses under an existing hearsay exception?
Answer
Correct Answer:
True
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_____ is known as a witness’s identification of a “person made after perceiving the person” is admissible as an exemption to the hearsay rule.
Answer
Correct Answer:
Identifications
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_____ is defined as not excluded by the rule against hearsay if each part of the “combined statements conforms with an exception to the rule.”
Answer
Correct Answer:
hearsay within hearsay
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_____ is hearsay is a statement other than one made by the declarant while testifying at the trial or hearing offered to prove the truth of the matter asserted.
Answer
Correct Answer:
Hearsay
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Is former testimony transcripts of a witness’s testimony at an earlier deposition or proceeding in the same case or in another case admissible when declarant is absent?
Answer
Correct Answer:
True
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_____ is known as a hearsay statement otherwise inadmissible may be admitted against a party who intentionally makes the declarant unavailable to testify.
Answer
Correct Answer:
forfeiture by wrongdoing
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_____ is defined as a statement relating to a startling event or condition while the declarant was under the stress of excitement caused by the event or condition.
Answer
Correct Answer:
excited utterance
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_____ is the statement when made must be against an important interest of an absent declarant. A reasonable person in the same position would not have made a statement unless he or she believed it to be true.
Answer
Correct Answer:
declaration against interest
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Is confrontation Clause the Confrontation Clause of the Sixth Amendment provides that “in all criminal prosecutions, the accused shall enjoy the right . . . to be confronted with the witnesses against him.”?
Answer
Correct Answer:
True
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_____ is known as a record kept in the course of a regularly conducted activity of abusiness or organization is admissible in evidence.
Answer
Correct Answer:
business records
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_____ is defined as occurs when a person reacts to a statement made by another person that may reasonably be interpreted as an affirmation that the statement is true.
Answer
Correct Answer:
adoptive admission
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_____ is a defendant’s confession and other admissions may be admitted into evidence as an admission by party-opponent. An admission is not required to be a statement of guilt. A damaging statement that undercuts the defendant’s case also qualifies as an admission.
Answer
Correct Answer:
admission by party-opponent
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A defendant offers a witness for the prosecution $2,000 if he refuses to testify. The witness agrees. If the witness’s statements are recounted in court by another individual, it must have been determined that they fell within which hearsay exception?
Answer
Correct Answer:
Statements offered against a party that wrongfully caused the declarants unavailability
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When family relationships are at issue, a party may rely on statements of family history to establish births, deaths, or adoption or other personal facts.
Answer
Correct Answer:
True
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A young man was hanging out with a group of friends when a rival group approached them. Quickly, the tone escalated, and the man found himself amid violence. A member of the rival group approached the man and shot him several times. Within minutes, the ambulance arrived, and the man told the attending emergency medical technicians (EMTs) the name of his killer. This is an example of what type of hearsay exception?
Answer
Correct Answer:
Dying Declaration
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It is assumed that public officials will accurately and responsibly carry out their responsibilities, so public records are an exception to the hearsay rule.
Answer
Correct Answer:
True
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Business records may only be introduced through testimony by the individual who prepared those records, not someone employed by the corporation who oversees all of the records generally.
Answer
Correct Answer:
False
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A man goes to the hospital after getting into a physical altercation with his son. He tells the doctor about the severe pain he is experiencing in the areas where he was beaten with a blunt object. At a later criminal trial, the doctor is called to testify about the injuries. May the statements by the man to the doctor be admitted?
Answer
Correct Answer:
Yes, provided they were made for the purpose of medical diagnosis and not to establish guilt.
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There is no limit to the time lapse between when an event takes place and when a statement that qualifies as an excited utterance may occur.
Answer
Correct Answer:
False
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At trial, Jane testifies that right before Joe was hit by a car he yelled “Oh no! I think he’s going to hit me!” This is an example of what time of hearsay exception?
Answer
Correct Answer:
Present sense impression
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A witness makes an incorrect identification in court while on the stan She previously identified the defendant as the perpetrator of the crime in a properly conducted photo array. May the earlier identification be admissible despite its contradictory nature?
Answer
Correct Answer:
Yes, it is an identification that falls within a prior inconsistent statement.
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In order for a prior inconsistent statement to be admitted, it must have been made under oath and subject to the penalty of perjury.
Answer
Correct Answer:
True
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After hitting a parked car in a parking lot, the driver attempts to leave and drive out onto the street. At the same time, a group of bystanders run over to the car to try and stop him from leaving. They shout “You can’t leave! You just hit that parked car!” The driver does not respond and finds an alternate exit from the parking lot. A bystander recorded his license plate. At a subsequent trial, may the driver’s silence act as an admission?
Answer
Correct Answer:
Yes, silence may operate as an admission.
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There are no exceptions to the hearsay rule. It is absolute and applies to all out-of-court statements.
Answer
Correct Answer:
False
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The Confrontation Clause permits the introduction of testimonial statements where the declarant is unavailable and when, at an earlier time, he was subject to cross-examination by the accuse
Answer
Correct Answer:
True
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Jose walks into a crowded stadium and shouts that there is a man with a gun. People panic and run for the nearest exit while pushing and shoving one another to the groun As it turns out, Jose was just having some fun, and there was no man with a gun. At trial, witnesses testify that Jose shouted, “There is a man with a gun.” Will this statement be admissible at trial?
Answer
Correct Answer:
Yes, because it is not being offered for the truth of the matter asserted
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Which is not a component to the legal definition of hearsay?
Answer
Correct Answer:
A witness
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