Multiple Choice 1-10 (30 points)

_____1. Testimony about statements made by a person to show that the person was mentally ill are a. not hearsay b. hearsay c. hearsay but are admissible because of the indicia of reliability d. are excludable under the case law e. none of the above

_____2. The Constitution's Clause and rule against hearsay protect similar values. A. self-incrimination b. ex post facto c. confrontation d. confirmation e. none of the above

_____3. To fall within the hearsay rule, the testimony must be offered to prove the a. credibility of the witness b. truth of the matter asserted in the statement c. the credibility of the declarant d. unavailability of the declarant e. none of the above

_____4. The primary purpose of judicial notice is to a. protect the rights of defendants b. assure a fair trial for both parties c. give the judge more control over the proceedings d. save time and effort e. none of the above

______5. The Privilege against self incrimination is found in the a. Declaration of Independence b. Fifth Amendment c. Fourth Amendment d. Sixth Amendment e. none of the above

_____6. Which of the following is a firmly rooted hearsay exception in the law of evidence? A. personal diaries b. statement of the accomplice c. excited utterance d. statements made while mentally incompetent e. none of the above

_____7. Statements offered to prove which of the following would be hearsay? A. no knowledge of any information possessed by the defendant b. the declarant's state of mind c. the effect of the statement on the hearer d. the declarant was told by the defendant's mother that she saw the defendant pull the trigger and fire the fatal shot e. none of the above

_____8. The problem with hearsay testimony is that the person who actually saw the events a. may be dead b. is not on the witness stand c. cannot be subpoenaed d. may have a privilege against self-incrimination e. none of the above

_____9. The US Supreme Court made the federal exclusionary rule mandatory for state courts in: a. Mapp v. Ohio b. Weeks v. U.S. c. Miranda v. Arizona d. Settles v. Arizona e. none of the above

_____10. The statement by a shooting victim just before they die would probably be admissible under the hearsay exception for a. victim statements b. murder witnesses c. statements for descriptions of present mental condition d. dying declarations e. none of the above

TRUE AND FALSE 1-10 (s)

_____1. Janet, Liberty's friend who is a homemaker, questions Liberty about her involvement

in a murder. Liberty confesses that she killed their friend Independence. The

confession should be suppressed because Miranda was not given.

_____2. The common law did not recognize dying declarations as an exception to the hearsay

rule.

_____3. If improper police conduct is failure to give a Miranda warning, the courts always

applies the poisonous tree doctrine and suppresses the evidence obtained

_____4. The general rule is that hearsay evidence is not admissible

_____5. The Fourth Amendment applies to private persons acting without any government

involvement

_____6. The exclusionary rule can apply to evidence obtained in violation of the 6^th

Amendment right to counsel

__ 7. The law of hearsay evidence and its exceptions is relatively simple.

_____8. Documents may only be authenticated only be direct evidence

_____9. There is a hearsay exception for learned treaties that are established reliable sources

_____10. A written document cannot be hearsay evidence.

FILL-IN 1-5

1. In the definition of hearsay, the ___________________ is the person who originally made the statement.

2. Denial of _________________can result in abandonment

3. The rule against hearsay and the _______________________ confrontation clause address similar problems

4. Two requirements for a consent search are that the person consenting has the ____________and that consent was given 5. ___________________.

Short Essay

What are the exceptions to obtaining a search warrant (list and explain a scenario that would contain that exception)

What is hearsay, why or why not is it important? Are there any exceptions to hearsay, if any what are they?