Answers to the given questions below

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Reference no: EM131329969

*Give the best short answer(s) or indicate the best answer(s) to the questions below. Answers are worth point each unless otherwise indicated.

1. Documentary evidence is evidence in the form of a writing, three examples of which include:

2. Photocopies do not come under the category of a business records exception to the hearsay exclusionary rule because they are not documentary evidence, but are instead covered exclusively under the best evidence rule.

a) true

b) false

3. In order for documentary evidence to be admissible, it must be authenticated by sworn testimony of a witness as to the genuineness of the writing and proof of the execution of the writing and its correctness:

a) true

b) false

4. Some documents are self-authenticating by statute in that they prove themselves, such as deeds and testamentary instruments, which have been acknowledged before a notary public.

a) true

b) false

5. In most states ancient documents which have been in proper custody for at least thirty years, are unblemished by alteration, and are otherwise untainted by suspicion are admissible under what conditions:

6. Newspaper accounts are generally admissible as documentary evidence because of their general reliability of trustworthiness, or when the account was very old, where they relate to things which are or have come to be known as true.

a) true

b) false

7. Death certificates are often admitted into evidence under the public records and documents rule because they are usually made according to statutory authority and:

8. In a civil case if a witness such as a police officer does not recall certain events, about

1. A witness who makes an entry in a book or take notes on paper at or about the time of the occurrence of the event about which they are later called to testify, may use this writing at trial under oath on the stand under what conditions:

which s/he has prepared a written report or memorandum, but examines the written memorandum and recognized details about the report itself which confirms that the witness did, in fact, prepare the report shortly after the events at issue in the trial, the writing itself will most likely be used in what fashion, if at all :

10. Please state what, if any, legal authority exists in favor of the proposition that in civil court an accident record made by a police officer who did not see the facts that s/he recorded in the report is not admissible in evidence under the business records exception to the hearsay exclusionary rule.

11. Please state whether, when and under what conditions may police officers' reports and their written memoranda come within the business records exception to the hearsay exclusionary rule.

12. In reviewing the decisions of trial courts regarding the advisability of evidence allowed under Business Records Exception to the Hearsay Exclusionary Rule, the appellate court will not overturn the lower court's ruling unless :

13. Please state your best everyday English definition of the legal concept known as hearsay :

14. Please identify the law and policy regarding the introduction of hard evidence of any offers by the parties in litigation to settle pending lawsuits in criminal and civil cases :

15. Please identify the law regarding a party making a statement that may appear to be hearsay, but if counsel's intention is not to offer it as proof of the fact that the statement is true, whether or not it is hearsay and whether or not it is admissible in either case .

16. The underlying basis prohibiting an out-of-court statement offered for the truth of the assertion is inadmissible in court is :

17. Character and reputation evidence both qualify as exception to the hearsay exclusionary rule because they both relate to the same thing: the person's moral makeup.

a) true

b) false


18. A defendant's character in a criminal case may not be attacked unless and until :

18. Please identify when, whether and why in a civil action the character of a party is deemed by the law to be admissible in determining the merits of the case.

19. Authentication is required for the introduction of exemplified documentary records, which is accomplished by showing :

20. Please identify three correct legal principles or rules about one exception to the hearsay exclusionary rule, "The Admission":

21.For a declaration against interest to be admissible please identify three correct legal elements that are necessary.

22. Charts or drawings made by a party are admissible to clarify testimony, although they may be self-serving, such as the use of videos, still pictures or portraits, etc.

a) true

b) false

23. When a physician obtains a statement from the patient as to what is hurting the patient, which is necessary to properly treat and diagnose the illness or injury, it is admissible at trial even though they may be self-serving, because:

24. A Res Gestae Declaration made during the life of a person, who is dead at the time of trial, is admissible, on what other condition(s):

25. Please identify whether, as a general rule, declarations as to pedigree are admissible as an exception to the hearsay exclusionary rule regardless of whether the declarant is deceased at the time his or her statement is sought to be admitted in a hearing or trial.

26. When a declarant is said to be in extremis, it means:

a) the declarant was extremely ill, but there was no actual threat of impending death

b) the declarant was close to dying, but was unaware of his/her desperate condition

c) the declarant may have made the statement while a patient in a hospital due to an unrelated illness

d) the declarant must be imminently dying from the injury s/he has sustained and must have very little time to live, with no hope of recovery

e) the declarant made irrelevant statements not admissible in the case at hand

27. Physician affidavits are not hearsay because a physician enjoys great prestige in our society and the courts do not question their sworn testimony.

a) true

b) false

28. Exceptions to the hearsay exclusionary rule are based on

a) the necessity for introducing the evidence

b) the great probability of reliability

c) the likelihood of the truth of the underlying assertion made

d) `b' and 'c' above

e) 'a' and 'b' above

29. A few states prohibit accident reports from being used in any trial, civil or criminal, as well as the  statements they contain. This policy is intended to promote truthfulness in reporting accidents to the police, and aids in determining fault in causing the accident, thereby promoting overall highway safety. This policy is known as the:

a) hearsay exclusionary rule

b) crash test dummy privilege

c) absolute oral evidence rule

d) accident report privilege

e) none of the above

30. Hard evidence of any offers by the parties in litigation to settle pending lawsuits to avoid publicity are:

a) admissible to show the relative culpability of the offending party

b) admissible for a particular purpose only, that is to show clear liability on the part of the party seeking to avoid trial

c) inadmissible as evidence in trial purporting to show an admission of guilt, because public policy is to encourages settlement of disputes

d) inadmissable as evidence in trial because they constitute classic hearsay evidence

e) none of the above

31. The defense of lack of physical capacity may be introduced at trial by a defendant who is being tried for aggravated sexual assault (a/k/a forcible rape).

a) true

b) false

32. Where a defendant was charged with the murder of his wife, and the defendant wished to show the killing was committed spontaneously in the heat of passion by testifying his wife had just told her defendant husband she was pregnant with the child of another man, the admission of the wife, s statement by the husband's testimony at trial would likely be:

a) not allowed under any circumstances

b) allowed because it was not offered to show the wife made the statement, but because it was true

c) allowed because it was not offered to show the wife was actually pregnant, but to show she had told her husband she was pregnant by another man just before her husband became enraged and then killed her

d) not allowed because it was offered to show the wife's statement was true

e) not allowed because it was not offered to show the victim made the statement at all, but for to prove she was unfaithful, or wanted her husband to think she was

33. With respect to defendant's character, the following statement is most accurate:

a) character traits wholly unrelated to the crimes charged may be introduced

b) evidence may be introduced only if it relates to the trait of character that makes it probable or improbable that the accused would have done the kind of act that is alleged to have constituted a crime

c) an accused has no right to offer evidence of his good character, inferred from reputation testimony, to show that he was unlikely to have acted in the manner and with the intent charge in the charging document

d) declarations are not admissible to prove the inference of a particular motive on the mind of the declarant

e) the court must specifically allow an ad hominem, or personal attack on character

34. Where a licensed social worker counseled a police officer after she had killed a person in the line of duty, and the estate of the decedent sued the officer for money damages for wrongful death, and sought to require the social worker to produce the notes from his counseling sessions, the court should likely hold that:

a) the notes were privileged

b) the notes were not privileged

c) the officer was privileged

d) the social worker had no privileges

e) the jury was privileged

35. Most state courts will permit cross-examination of a witness regarding their previous conviction for a serious crime and regarding character with respect to truthfulness or untruthfulness:

a) to show they were more likely than not to have committed the offense charged

b) to show they were not likely to have committed the offense charged

c) for the purpose of embarrassing the witness into not testifying

d) for purposes of impeaching the credibility of that witness

e) for purposes of convicting those previous offenders who commit more crime

36. The issue of hearsay regarding the admissibility of "other similar acts" was decided by the U.S. Court of Appeals in the case of:

a) U.S. v. Knohl

b) U.S. v. Deaton

c) U.S. v. Boza

d) U.S. v. Brettholz

e) U.S. v. Weeks

37. When a former mental patient brings a cause of action that places his/her mental and physical condition at issue, alleging that the patient was wrongfully held against their will for insufficient legal grounds due to the incompetence or negligence of the supervising medical personnel, the filing of this lawsuit has what effect on the doctor-patient privilege as regards the psychiatrists, social workers, and hospital's mental health-related files and records:

a) assertion of the privilege

b) alienation of the privilege

c) waiver of the privilege

d) interpolation of the privilege

e) acts as an insistence upon the privilege

38. Who may be a declarant under the res gestae statement exception to the hearsay exclusionary rule?

a) Anyone at all, so long as their testimony goes to admissible evidence, or could itself lead to admissible evidence, including but not limited to both oral and documentary evidence, and as long as it is not intended or offered to raise mere suspicion or conjecture

b) It must appear that the statement was not made by one who participated in the transaction or by one who witnessed the act or fact or omission concerning which the declaration or statement was made

c) Declarations of a deceased person may be admissible even it if was not a dying declaration

d) The statement needs to be made by one of the litigants

e) The declarant must possess sufficient mental condition at the time of making the statement so as to indicate that it has probative value

39. Please identify by name which famous judge made the following observation:

"The rules of evidence in the main are based on experience, logic, and common sense, less hampered by history than some part of the substantive law. There is no decision by this court against the admissibility of such a confession; the English cases since the separation of the two countries do not bind us; the exception to the hearsay rule in the case of declarations against interest is well known; no other statement is so much against interest as a confession of murder; it is far more calculated to convince than dying declarations., which would be let in to hang a man; and when we surround the accused with so many safeguards, some of which seem to me excessive; I think we ought to give him the benefit of a fact that, if proved, commonly would have such weight. The history of the law and the arguments against the English doctrine are so well and fully stated by Mr. Whigmore that there is no need to set them forth at greater length."

40. The Supreme Court of the US has held that invasive body cavity search by prison officials on prisoners after any and all contact visits is not reasonable because the prisoners retain an expectation of some privacy even in prison, and that general statements by some prisoners about where prisoners could hide weapons cannot be admitted into court as evidence against those prisoners as an exception to the hearsay rule.

a) true

b) false

Reference no: EM131329969

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