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Exam 12: Exceptions to Hearsay

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Question 1

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A prior statement by a witness, when offered under certain circumstances, may not constitute hearsay when offered in evidence at trial.

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Question 2

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One of the primary reasons for the hearsay rule is to protect the jury from hearing unreliable out-of-court statements as evidence.

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Question 3

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When the answer of the witness contains any of the damaging hearsay, the opposing party may "move to strike" the answer from the trial record.

Witness testifies, "My husband told me that morning that he saw the defendant beat his child." Which of the following statements is not correct?

Witness testifies that "on January 2nd, the defendant said to me, 'Yesterday, I was at the city park.'" Which of the following statements is not correct?

In hearsay analysis, a person who makes a statement is called:

For over a hundred years, the prevailing common-law rule was that a prior consistent statement introduced to rebut a charge of recent fabrication or motive was inadmissible if the statement had been made before the alleged fabrication or motive came into being, but admissible if made afterwards.

Statements of a real estate agent selling land on behalf of an owner to a prospective buyer may be admitted if owner of the land is a party to a subsequent lawsuit.

Statements made by a party to a legal action do not constitute hearsay under the rationale that it should satisfy the trustworthiness concern, because the party can explain it if she chooses.

In this case, the defendant said that he was entrapped and wants to offer statements by a government informant as evidence of his inducement by the government to commit a crime. The court held that statements not offered as an assertion of a fact but, rather, as the fact of an assertion are not hearsay.

Action that communicates a statement is called:

The hearsay rule developed along with the evolution of the jury system in the late 1600s in the following country:

A statement is hearsay if offered against a party and was made by a co-conspirator during the course and in furtherance of the conspiracy.

Which of the following is not part of the test to determine hearsay?

An Admission by a Party-Opponent, when offered under certain circumstances, always constitutes hearsay when offered in evidence at trial.

Where there are two or more parts to a declarant's statement, each must be examined separately to determine if it falls within the hearsay rule or one of its exceptions. This is called:

The hearsay rule simply states that hearsay is admissible unless provided for by exceptions in the Rules of Evidence

Proving what was said is true is called:

A common example of an admission by party-opponent is a confession made by a defendant in a criminal action.

Actions that do not involve speaking or writing are called: