Hearsay Quiz - evidence practice quiz PDF

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1. Testimony of witness that she immediately hailed passing police cruiser, pointing to fleeting car, and said “that’s the robber” to prove the driver of the fleeing car robbed the store. a. Statement: “that’s the robber” b. Declarant intent: identify robber c. TOMA: Hearsay 2. Testimony of officer that she was hailed by owner of convenience store, pointing at fleeing car to prove that driver of fleeing car robbed the store. a. Statement: pointing at fleeing car b. Declarant intent: identify robber c. TOMA: Hearsay 3. Testimony of officer that she saw the owner of the store running after another man a. Statement: no assertion 4. Testimony of owner that robber fled in car with Wyoming license plate a. Statement: not out-of-court 5. Videotape of robbery taken by automatic surveillance camera a. Statement: machine made no assertion 6. Videotape of reenactment of robbery made shortly before trial, made by storeowner a. Statement: reenactment of memory b. Declarant intent: identify robber c. TOMA: Hearsay 7. Store-owner testimony that “I’ve got a gun and not afraid to use it” to prove defendant threatened physical violence a. Statement: “I’ve got a gun and not afraid to use it” b. Declarant intent: threat c. TOMA: 8. Called wife to say store was robbed; time of call offered by prosecutor to prove store was robbed at about 10 p.m. a. Statement: call to wife b. Declarant intent: that store robbed c. TOMA: Not hearsay; offered for time 9. Police officer says that store owner told her that there was not a single sale all night as evidence that there were probably no customers in the store a. Statement: not a single sale all night b. Declarant intent: no sales = no customers present c. TOMA: Hearsay 10. Testimony by officer that he received no other reports of robberies that night to prove that no other robberies occurred that night a. Statement: no out of court statement No assertion b. Silence not assertion by citizens of no robberies 11. Testimony by officer that defendant began to hyperventilate when approached a. Statement: no assertion 12. Quick-Stop coffee stirrer found in defendant’s pocket a. Statement: no assertion

13. Defendant told office his name was Jeffrey Small when name is actually Kevin Martinson; offered by prosecutor to prove defendant’s guilty a. Statement: Jeffrey Small 14. Defendant told office his name was Jesse James when name is actually Kevin Martinson; offered by prosecutor to prove defendant’s insanity a. Statement: Jesse James b. Declarant intent: name c. Purpose: prove insanity d. TOMA: hearsay 15. Defendant’s sister say to the defendant, ‘‘My son borrowed my car without permission. How do you think I should discipline him?’’—if offered by the prosecutor to prove the defendant’s sister believed he was sane. a. ‘‘My son borrowed my car without permission. How do you think I should discipline him?’’ b. Declarant intent: how to reprimand him c. Purpose: prove she thought he was sane d. TOMA: not hearsay 16. Defendant’s neighbor said she overheard defendant’s wife say, “I wrecked the car and insurance wont provide coverage,” and this was offered by prosecutor to prove motive a. TOMA: not hearsay 17. Heard defendant say to friend, “here’s the ten grand I owe you” to prove he owed friend 10K 18. Overheard that defendant’s friend say to defendant, “I’ve got extra forty-five shells if you need” to prove that defendant had a .45 caliber weapon a. Declarant intent: neighbor has .45 caliber weapon b. TOMA: not hearsay 19. Defendant said they have Guinness there between Sam Adams and Becks; offered to prove that he was there a. TOMA: not hearsay; circumstantial evidence 20. Good reputation for peacefulness a. TOMA: not hearsay impeachment evidence under 608 21. Wife says, day after, that she’d like to buy most expensive speakers, tv, etc.; offered to prove that defendant had substantial assets after the robbery 22. Sleep-talking a. TOMA: not hearsay 23. Defendant says, “I’ll kill anyone who tries to stop me.” Officer introduces statement to suggest he believed there was reasonable risk. a. TOMA: not hearsay; impact on listener 24. Store owner warned of several prior robberies in that neighborhood; offered to prove owner was on notice a. TOMA: hearsay 25. Manager said, “my assistant warned me of several recent robberies in neighbor.” Offered to prove that store owner was on notice of risk a. Statement: “my assistant warned me of several recent robberies in neighbor.”...