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Exceptions to the Hearsay Rule

This quiz will test your knowledge on the exceptions to the hearsay rule.

15 Questions Published
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Questions

Question 1 Multiple Choice (Single Answer)

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.
Question 2 Multiple Choice (Single Answer)

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.
Question 3 Multiple Choice (Single Answer)

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.
Question 4 Multiple Choice (Single Answer)

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.
Question 5 Multiple Choice (Single Answer)

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.
Question 6 Multiple Choice (Single Answer)

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.
Question 7 Multiple Choice (Single Answer)

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.
Question 8 Multiple Choice (Single Answer)

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.
Question 9 Multiple Choice (Single Answer)

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.
Question 10 Multiple Choice (Single Answer)

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.
Question 11 Multiple Choice (Single Answer)

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.
Question 12 Multiple Choice (Single Answer)

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.
Question 13 Multiple Choice (Single Answer)

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.
Question 14 Multiple Choice (Single Answer)

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.
Question 15 Multiple Choice (Single Answer)

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.
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