Quiz
Hearsay and Exceptions
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Fragen in diesem Quiz (15)
1Which of the following is NOT an element of hearsay?
- AThe statement is made out of court
- BThe statement is offered for the truth of its statements
- CThe statement is made by a witness who can be called to testify.
2Where does the hearsay rule fit into the admissibility model?
- AIs the evidence relevant?
- BIs the evidence excluded by some other rule or policy?
- CIs it excluded because prejudicial effect outweighs probative value?
3A person is charged with trafficking drugs and argues duress. She claims that someone told her "if you don't take these drugs across the border, I'll kill your family." Is this statement hearsay?
- ARichtig
- BFalsch
4What proposition does Creaghe v Iowa Home stand for?
- AWhere the truth of a statement does not matter, it is not hearsay.
- BWords that have independent legal significance are not hearsay.
- CWhere a statement is adduced to support a statement for which there is already proof, it is not hearsay.
5If an out of court statement only implicitly asserts a fact, it is hearsay.
- ARichtig
- BFalsch
6What is the main rational for the rule against hearsay?
- AWhere a witness can't be cross examined, the materiality of the evidence is difficult to determine.
- BHearsay evidence is rarely probative.
- CThe adversarial system puts a premium on calling witnesses who can testify under oath and be cross-examined.
7The Spontaneous Utterance exception must...
- AOccur simultaneously with the event.
- BOccur in circumstances that exclude possibility of concoction by the declarant.
- COccur in circumstances that exclude the possibility of distortion by the declarant.
- DAll of the above.
- E(A) and (B)
8In the context of res gestae there is no possibility of concoction or distortion when...
- AThe mind of the declarant is so occupied with the events that they can't think about anything else.
- BThe declarant can corroborate their statement.
9A statement made by a declarant that inculpates her in a crime is...
- AInadmissible because it is hearsay
- BHearsay, but admissible under statements against interest.
- CHearsay, but admissible if the declarant made it in circumstances where she should have recognized possible penal consequences.
10Verdicts from prior criminal proceedings are presumptively admissible in subsequent civil proceedings.
- ARichtig
- BFalsch
11In R v Potvin, the SCC found that...
- APreliminary testimony is rarely admissible in subsequent proceedings.
- BCross examination must occur for preliminary testimony to be admissible.
- CThe opportunity to cross examine the witness is what matters for admitting preliminary testimony.
12In Youlden v London the court found that...
- AStatements may be admitted for the purpose of showing the physical condition of the declarant.
- BStatements may be admitted for the purpose of showing the mental condition of the declarant.
- CStatements can be admitted for the purpose of showing what the declarant was thinking at the time.
13What is the difference between a statement about mental condition and a statement of intention?
- AStatements about intention have to do with the acuts reus, while statements of mental condition have to do with mens rea.
- BStatement of intention is only relevant if it was acted upon, whereas statement about mental condition is relevant in and of itself.
- CStatements of intention are not admissible for inferences drawn from that intention, whereas statements of mental condition are admissible for inferences drawn from that condition.
14R v Monkhouse created what hearsay exception?
- AStatements by Parties
- BBusiness Records
- CAdmissions by Parties
15Dying declarations are admissible for what purpose?
- AInferring the state of mind of the person the statement was made to.
- BShowing the declarant's state of mind at the time of his/her death.
- CExplaining the cause of the declarant's death.
Informationen
- Beschreibung
- Quiz on Hearsay
- Autor
- David Isaac
- Sprache
- English
- Aufrufe
- 185
- Schlagwörter
- Bewertung
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