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Question
For most exceptions to the hearsay rule under the Federal Rules of Evidence and in most states, _____.a. unavailability of the declarant is not required
b. unavailability of the declarant is required
c. availability of the declarant is required
d. the unavailability of the declarant does not need be explained by counsel
Answer
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Related questions
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What are the principal methods used at trial to test the testimony of witnesses?How does allowing hearsay interfere with those methods?
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If a person is engaging in conduct that is not meant to _____, this would generally not be treated as hearsay.
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The hearsay rule forbids only statements offered to prove the _____of the matter asserted.
Q:
In the Federal Rules of Evidence, one form of statement that is specifically excluded from the definition of hearsay is a(n) _____________ by a party-opponent.
Q:
The rule against hearsay and the _____ Amendment Confrontation Clause address similar problems.
Q:
The Star Chamber trials are among the most infamous in English history.
a. True
b. False
Q:
Under the Federal Rules of Evidence, certain types of prior statements by witnesses are excluded from the definition of hearsay.
a. True
b. False
Q:
The 1603 trial of William Penn sparked interest in reforming the law of hearsay.
a. True
b. False
Q:
Exceptions to the law of hearsay evidence tend to be simple and straight forward.
a. True
b. False
Q:
What are the requirements of the physician"patient privilege? What are some of the exceptions created in some jurisdictions?
Q:
What is the police"informant privilege? What is its rationale, and what are some exceptions to this privilege?
Q:
The privilege against self-incrimination applies only to testimonial or _____________ evidence.
Q:
The president of the U.S. has no privilege with regard to confidential communications with top advisors.
a. True
b. False
Q:
Every jurisdiction recognizes a parent"child privilege.
a. True
b. False
Q:
The attorney"client privilege was not recognized at common law.
a. True
b. False
Q:
Courts have long held that judicial notice may be taken of _____theories that have been so established that they have "attained the status of "¦ law",
a. scientific
b. conceptual
c. proven
d. absolute
Q:
About _____ of the states have statutes defining the clergy-penitent privilege, with a few other states recognizing the privilege by court decisions.
a. one-quarter
b. one-third
c. half
d. two-thirds
Q:
An informant's privilege is not a(n) _____ privilege and must give way when there is a compelling need to protect the rights of the accused.
a. administrative
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c. prosecutorial
d. absolute
Q:
The marital privilege _____.
a. was not recognized at common law
b. is not recognized in federal courts
c. is recognized in about half the states
d. is recognized in all jurisdictions
Q:
The oldest application of judicial notice is for _____.
a. matters generally known within the community or state
b. principles that are generally accepted by reputable scientists
c. the identity of defendants
d. published official records
Q:
Judicial notice is permitted _____.
a. in all jurisdictions except the federal courts
b. in the federal courts but not state courts
c. in a majority of jurisdictions
d. in all jurisdictions
Q:
Unlike Daubert v. Merrill Dow Pharmaceuticals Co., the expert testimony in Kumho Tire Co. v. Carmichael was provided by a(n) _____.
a. psychologist
b. biologist
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Q:
For many years prior to 1993, federal courts utilized the _____ test for the admissibility of scientific evidence.
a. Ginsburg
b. Alito
c. Connor
d. Frye
Q:
Since adoption of Daubert in some states, the validity and reliability of the _____ test is no longer subject to judicial notice for purposes of proving guilt.
a. RFD
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Q:
In the Daubert decision, the Supreme Court held that the admissibility of scientific evidence was governed by Rule _____ of the Federal Rules of Evidence.
a. 402
b. 502
c. 602
d. 702
Q:
Prior to the Supreme Court's Daubert decision, federal courts used a _____ test.
a. general acceptance
b. conditional relevance
c. contingent admissibility
d. consistency and reliability
Q:
If the scientific theory and/or technique is accepted by higher courts, trial courts may take _____ of the validity of these theories and techniques.
a. hearsay exceptions
b. judicial notice
c. positive objections
d. conditional acceptance
Q:
Circumstantial evidence is evidence that proves a fact in issue _____.
a. indirectly or by inference
b. directly by eyewitness testimony
c. only by the use of presumptions
d. by contradicting other evidence
Q:
Proof is demonstrated by _____.
a. evidence
b. deductions
c. inductions
d. jury instructions
Q:
The prosecution can overcome the presumption of innocence only by proving guilty beyond a reasonable doubt.
a. True
b. False