QuizTo receive credit, you must receive a score of 85%25. You may take this quiz as many times as you need.
1. Under the State of Mind exception, the statement must be in regard to the declarant%27s own state of mind and not someone else%27s.
Not hearsay; not being offered to prove the truth of the matter asserted., Hearsay and it does not fall under Rule 803(3) as it involves someone else%27s condition., Hearsay but admissible under Rule 803(3) as a physical condition., Hearsay but admissible under Rule 803(1) under present sense impression.,
2. After qualifying Det. Kimball, you ask about the interviews he took. Opposing counsel objects to hearsay. You respond:
automatic, , ,
3. %22Help! Help! That man in the blue hoodie just stole my purse!%22 What hearsay exception does this fall under?
Rule 702, Rule 703, Rule 704, Rule 705,
4. Witnesses testifying to the ultimate issue are automatically objectionable.
Rule 601, Rule 602, Rule 607, Rule 608,
5. During the direct of Jackie Hunter, the witness calls Longstreet and Floyd, %22Partners in Crime.%22 You object under what rule number?
TRUE, FALSE, ,
6. Why do we make objections?
%22He was so upset with me yesterday!%22, %22He%27s angry; watch out!%22, %22I know he was upset with me.%22, %22He seemed upset with me.%22,
7. What section deals with judicial notice?
Rule 401, Rule 608, Rule 403, Rule 801,
8. In a criminal case, character evidence against the defendant must involve a # trait.
Yes, he is an expert and is qualified to make that conclusion., Yes, once a court qualifies an expert, he is deemed an expert of all things., No, this is outside the scope of his expertise., No, experts are not allowed to testify to the state of mind of the defendant.,
9. Opposing Counsel is attempting to admit the Racheter World Employee Handbook into evidence during the direct examination of Charlie Kaminsky. You object under what rule number?
Rule 803(1), Rule 803(2), Rule 803(3), All of the above,
10. A witness can provide both lay and expert testimony.
TRUE, FALSE educational games , create online tests ,
11. Expert witnesses may testify to their conclusions before testifying to the underlying facts and data they used.
Back off!, Under Rule 702, I%27ve qualified my witness under the three-prong test, your Honor., Under Rule 703, my witness can rely on otherwise inadmissible evidence to form his opinion; I%27m simply exploring his reasoning., Under Rule 705, my witness can embrace the ultimate issue. ,
12. Before anyone else has testified, the State%27s first witness testifies that defendant often throws punches when he gets in a disagreement with someone. Admissible?
Because we can and it%27s fun., In hopes of getting opposing counsel to cry., To keep evidence out. teacher , To get evidence in.,
13. Please select the right answer to prove that Henry was angry.
Excited Utterance, Present Sense Impression, Both Excited Utterance and Present Sense Impression., Statement under Belief of Impending Death,
14. Under FRE 801(d)(2) (the party-opponent rule), those statements must be against interest in order to be admissible.
TRUE, FALSE, ,
15. Arson case: Prosecution calls an expert who specializes in determining how the fire was started, and how it spread. That expert then goes on to testify that the defendant fits the psychological profile of an arsonist. Is this expert allowed to testify to the psychological profile of the defendant?
two, , ,
16. Which of the following is hearsay?
A dog is barking up at a tree., The clock chimed three times., Mary changed the clock to 3PM and showed Dave., The stop sign said, %22STOP.%22,
17. In order to qualify under habit, the character evidence must be semi- # and repeated numerous times in the past.
pertinent, , ,
18. The witness testifies, %22I asked Dave if he wanted to go to the park.%22 Is it hearsay?
The 100%27s, The 200%27s assess performance , The 500%27s online , The 900%27s,
19. During a tsunami, a man goes sprinting by a very ignorant bystander who asks %22Why are you running?%22 The man then responds, %22I%27M RUNNING BECAUSE OF THE TSUNAMI THAT%27S ABOUT TO HIT!!! RUUUUUUN!%22 What possible hearsay exceptions apply to the man that is running%27s statements?
Rule 403, Rule 701, Rule 702, Rule 704,
20. How many prongs does FRE 804 - statements by an unavailable declarant - have? (Type the number out - example: %22four%22).
FALSE, grading ,
21. Hearsay or not hearsay? To prove pain, lay witness testifies, %22John told me that Sally%27s fingers hurt whenever she tried to pick something up.
5 years, 1 year, 10 years, 20 years,
22. Tod, a hair dresser, testifies that he believes the Susy started suffering from a stroke when he was doing her hair. Ted starts talking about the symptoms he knows are associated with a stroke. What do you object to?
Yes, because it%27s asserting that Dave wants to go to the park., Yes, because it%27s being offered to prove if Dave wants to go to the park., No, because this is not being offered to prove the truth of the matter asserted, but to show effect on listener., No, because this is the witness%27s own statement.,
23. In the State of Midlands, there are only three motions you can raise in trial (1) 615 Motion; (2) Motion to Dismiss; and (3) Motion to Strike.
TRUE, FALSE, ,
24. What is the time limit on using prior convictions as character evidence?
Yes, because the State is allowed to show the jury that the defendant has a propensity towards violence., Yes, because the State can do whatever it wants. distance learning , No, because under FRE 404, the State is not allowed to offer character evidence unless the Defense offers it first., No, because under FRE 608, character evidence can only be entered if it goes towards truthfulness/untruthfulness.,