Hearsay Evidence Quiz Review: Key Questions & Rules

REVIEW OF QUIZ #9 Easiest Question: #3 (Chumash artifacts) 88% Hardest : #4 (Yellow jacket) 27% Average Score: 2.3 Cumulative Average Score: 39.5/60

Question #1 Alexander is on trial for assaulting Spike in a bar. During the trial the prosecution calls Rupert, who was also present in the bar at the time of the incident. Rupert testifies that he was standing on an indoor balcony in the bar, looking down onto the first floor, when he saw Alexander come up from behind Spike and hit Spike in the back of the head with a beer bottle. On cross-examination, the defense attorney asks Rupert whether he spoke to his girlfriend about the incident the next day. Rupert agreed. The defense attorney then asked whether Rupert told his girlfriend: "Boy I got lucky last night; I was on the balcony at The Bronze tavern last night and I dropped a beer bottle on some guy by accident and the cops arrested someone else." The prosecutor objects. The evidence is: 57% correct

Question #1 (A) Admissible as impeachment evidence only. (B) Inadmissible. (C) Admissible to impeach and also as former testimony under 804(b)(1). (D) Admissible to impeach and also for the truth of the matter asserted as a prior statement by the witness under 801(d)(1) (A). 57% correct

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Question #1 (A) Admissible as impeachment evidence only. (B) Inadmissible. (C) Admissible to impeach and also as former testimony under 804(b)(1). (D) Admissible to impeach and also for the truth of the matter asserted as a prior statement by the witness under 801(d)(1) (A). 57% correct

Rule 801(d)(1) A statement that meets the following conditions is not hearsay exempted from the hearsay rule: The declarant testifies and is subject to cross-examination about a prior statement, and the statement: (A) is inconsistent with the declarant's testimony, and was given under penalty of perjury at a trial, hearing, or other proceeding, or in a deposition, (B) is consistent with the declarant's testimony and is offered to rebut an express or implied charge that the declarant recently fabricated it or acted from a recent improper influence or motive in so testifying, or to rehabilitate the declarant’s credibility as a witness when attacked on another ground.

Question #2 Tara is shot outside her dormitory apartment door by an unknown assailant. Officer Snyder asks her questions about the assault and takes notes on the interview but does not show them to Tara. Tara studies some pictures and then points to picture #4, saying: "He's the one who attacked me, I'm sure." At trial, Tara is unable to identify Warren as the assailant. She testifies that she remembers looking through the photographs at the hospital, but is unable to remember which one she chose. The prosecutor then asks Tara if seeing the officer's notes would refresh her recollection, and Tara says yes. Tara looks at the notes and then testifies that she selected picture #4 from the series of photos. The defense attorney objects. What should the judge do? 49% correct

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Question #2 (A) Preclude the testimony because Tara's statement identifying picture #4 is inadmissible hearsay. (B) Preclude the testimony because the police report cannot be used against Warren in this way. (C) Preclude the testimony for both reasons--the prior identification is hearsay AND the police report cannot be used against Warren in this way. (D) Admit the testimony. 49% correct

Rule 803(5) Past Recollection Recorded Rule 612 Present Recollection Refreshed (2) Record must have been made or adopted at the time the matter was fresh in declarant’s memory (1) Declarant (witness) must now be unable to testify from memory (3) Record may be read to the jury and considered for truth of the matter but is not admitted into evidence* (1) Declarant (witness) must now be unable to testify from memory (2) Document/item may be ANYTHING as long as witness says it will refresh recollection (3) Witness may look at document/item and then testify from “recollection;” document/item may not be admitted into evidence*

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Question #3 Joyce sold Riley a set of sculptures that she claimed were "genuine Chumash tribe artifacts." The artifacts were covered in a thin green moss which caused Riley's hands to blister and itch uncontrollably. He brought the statues with him to the emergency room and told the intake nurse that: "My hands started to turn red and itch right after I picked up these stupid statues." Riley seeks to admit the statement he made to the nurse in the emergency room. In her defense, Joyce denies ever selling him the statues, and as evidence she seeks to admit inventory and sales records from her store showing that she never owned nor sold any item fitting Riley's description. 88% correct

Question #3 (A) Both Riley's statement to the nurse and Joyce's inventory and sales records are inadmissible. (B) Riley's statement to the nurse is inadmissible, but Joyce's inventory and sales records are admissible. (C) Riley's statement to the nurse is admissible, but Joyce's inventory and sales records are inadmissible. (D) Both Riley's statement to the nurse and Joyce's inventory and sales records are admissible. 88% correct

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Rosenberg and Summers are arrested for robbing a convenience store. The judge grants a mutual defense motion for severance and Rosenberg is tried first. At Rosenberg's trial, the prosecution calls Faith, the clerk at the convenience store, who was the only eyewitness to the crime. Faith testifies that a woman wearing a yellow jacket came into the store and put a gun to her head while a second woman wearing a denim jacket emptied the cash register. A police officer later testifies Rosenberg was wearing a yellow jacket and Summers was wearing a denim jacket. Rosenberg is convicted, and Faith, the eyewitness, dies shortly thereafter. At Summers' trial, the prosecutor seeks to admit a transcript of Faith's testimony. Question #4 27% correct

(A) Admissible under Rule 804(b)(1). (B) Admissible under Rule 801(d)(1). (C) Admissible under Rule 803(8). (D) Inadmissible. Question #4 27% correct

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Rule 804(b)(1) The following is not excluded by the hearsay rule if the declarant is unavailable: Testimony that: (A)Was given as a witness at a trial, hearing or lawful deposition, whether given during the current proceeding or a different one; and (B) Is now offered against a party who had— or, in a civil case , whose predecessor in interest had—an opportunity and similar motive to develop it by direct, cross-, or redirect examination.

Quiz #10.Hearsay Rule 803 & 804 Exceptions

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