Hearsay MCQs
Hearsay MCQs
Answer these 30+ Hearsay MCQs and see how sharp is your knowledge of Hearsay.
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1: Which is not a component to the legal definition of hearsay?
A. A statement
B. A declarant
C. A witness
D. Offered into evidence to prove the truth of the matter asserted
2: 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?
A. No, it is hearsay
B. Yes, its probative value outweighs any prejudice
C. Yes, because it is not being offered for the truth of the matter asserted
D. No, there is no crime if he was just joking around
3: 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
A. True
B. False
4: There are no exceptions to the hearsay rule. It is absolute and applies to all out-of-court statements.
A. True
B. False
5: 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?
A. Yes, if he intended it to be so.
B. No, unless he intended it to be so.
C. Yes, silence may operate as an admission.
D. No, silence may never operate as an admission.
6: In order for a prior inconsistent statement to be admitted, it must have been made under oath and subject to the penalty of perjury.
A. True
B. False
7: 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?
A. No, it is hearsay.
B. Yes, it is an identification that falls within a prior inconsistent statement.
C. No, unless the witness can show a failing memory.
D. Yes, providing there are no objections.
8: 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?
A. Admission
B. Recorded recollection
C. Statement made for medical diagnosis
D. Present sense impression
9: 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.
A. True
B. False
10: 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?
A. Yes, provided they were made for the purpose of medical diagnosis and not to establish guilt.
B. No, the admission of the statements will unduly prejudice the jury.
C. Yes, but only if the man is unavailable to testify himself.
D. No, unless the doctor is also qualified as a domestic violence expert.
11: 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.
A. True
B. False
12: It is assumed that public officials will accurately and responsibly carry out their responsibilities, so public records are an exception to the hearsay rule.
A. True
B. False
13: 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?
A. Prior Inconsistent Statement
B. Declaration against interest
C. Admission
D. Dying Declaration
14: 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.
A. True
B. False
15: 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?
A. Admission
B. Prior inconsistent statement
C. Dying declaration
D. Statements offered against a party that wrongfully caused the declarants unavailability
16: _____ 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.
A. admission by party-opponent
B. Curtilage
C. Expectation of privacy
D. All of these
17: _____ 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.
A. None of these
B. Both are used when a witness cannot recall details
C. adoptive admission
D. A and c
18: _____ is known as a record kept in the course of a regularly conducted activity of abusiness or organization is admissible in evidence.
A. business records
B. The victim knows everyone in the lineup other than the suspect.
C. None of these
D. The individuals in the lineup are asked to try on an item of clothing that fits only the suspect.
19: 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.”?
A. True
B. False
20: _____ 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.
A. Yes, the house was rather large, which requires the allowance of additional time beyond the standard 60 seconds.
B. None of these
C. declaration against interest
D. Yes, it would take any reasonable person at least 60 seconds to come to the door.
21: _____ 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.
A. None of these
B. No, unless he can also be qualified as an expert in securities
C. Yes
D. excited utterance
22: _____ is known as a hearsay statement otherwise inadmissible may be admitted against a party who intentionally makes the declarant unavailable to testify.
A. Yes, providing the state had a statute that criminalized the failure to produce identification.
B. None of these
C. forfeiture by wrongdoing
D. No, unless the officer knew Allen was involved in the fight.
23: 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?
A. False
B. True
24: _____ 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.
A. Yes, providing the officer had a reasonable belief of dangerousness and the search was limited only to areas where a weapon could be hidden.
B. None of these
C. legislative facts
D. Hearsay
25: _____ is defined as not excluded by the rule against hearsay if each part of the “combined statements conforms with an exception to the rule.”
A. All of these
B. No, not unless the man was suspected of selling or using drugs before finding the marijuana in the house.
C. Yes, providing the officer was legally situated and had probable cause to believe the marijuana was evidence of criminal activity.
D. hearsay within hearsay
26: _____ is known as a witness’s identification of a “person made after perceiving the person” is admissible as an exemption to the hearsay rule.
A. Presumption against suicide
B. None of these
C. Presumption of good intentions
D. Identifications
27: Is near-miss issue a statement that narrowly misses under an existing hearsay exception?
A. False
B. True
28: _____ is a hearsay exception for the absence of a business record or public record.
A. negative hearsay
B. Petit jury
C. Grand jury
D. None of these
29: _____ 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.
A. first appearance
B. Federal Rules of Evidence
C. present sense impression
D. All of these
30: _____ is known as the public records of agencies include the courts, police, correctional institutions, and every other part of the government.
A. None of these
B. public record
C. Habitual offender
D. Public safety
31: 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?
A. True
B. False
32: _____ 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.
A. Admission of the evidence due to overwhelming importance
B. None of these
C. Admission of the evidence without question of its origin
D. statement under belief of impending death
33: _____ 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.
A. A judge may use judicial discretion in deciding whether FRE will apply in a given case.
B. then-existing mental, emotional, or physical condition
C. State courts and federal courts alike
D. All of these
34: _____ 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.
A. vital statistics
B. European
C. competent evidence
D. None of these
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