Hearsay Quiz
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Hearsay Quiz
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- Question 1 of 12
1. Question
Perry and David entered into a contract whereby David promised to maintain Perry’s lawn and garden. Perry alleges that David consistently breached the contract by failing to work each Sunday as he promised. At trial, Perry wants to call a witness, Wally, to testify that one Sunday afternoon he saw David strolling down the street and that he called out to him, “Hey! Aren’t you supposed to be working at Perry’s today?” David did not respond to the question.
David wants to exclude the testimony concerning Wally’s question. What is Perry’s best argument that the testimony is admissible?
CorrectIncorrect - Question 2 of 12
2. Question
David is on trial for robbery. The prosecutor wants to introduce evidence of a photograph taken by a tourist that coincidentally captures the moment David pulled a gun on the store clerk. The tourist is prepared to testify that he took the picture. David objects to the evidence.
Is the photograph admissible?
CorrectIncorrect - Question 3 of 12
3. Question
David is on trial for robbery. The prosecutor wants to introduce evidence of a photograph taken by a tourist that coincidentally captures the moment David pulled a gun on the store clerk. The tourist is prepared to testify that he took the picture. Is the testimony, “I took the photograph” admissible?
CorrectIncorrect - Question 4 of 12
4. Question
David is on trial for robbery. Wally saw David commit the robbery and relates what he saw at a grand jury proceeding. Shortly before David’s trial is scheduled to begin, Wally receives a free flight ticket to another country and thousands of dollars to spend “on a vacation until the trial is over.” Wally leaves the country. An investigation reveals that David sent the ticket and money to Wally. Can Wally’s grand jury testimony be admitted into evidence?
CorrectIncorrect - Question 5 of 12
5. Question
Alice works at a gas station and causes a fire while smoking. The fire injures Perry. Perry wants William to testify that he told the gas station owner, Ollie, that Alice was smoking. Ollie objects to the testimony.
Can William testify as to what he told Ollie?
CorrectIncorrect - Question 6 of 12
6. Question
Darren is on trial for robbing a store. Valerie worked at the store and testifies that she saw Darren commit the robbery. On cross-examination, Valerie testifies that that shortly before the trial Darren, who had been dating Valerie, broke up with her in a callous manner. On redirect, the prosecutor wants Valerie to testify that she told her friend Frieda that Darren robbed the store the day after the robbery occurred. Darren objects on hearsay grounds. How should the court rule?
CorrectIncorrect - Question 7 of 12
7. Question
Paul is a politician who sues Eddy, a newspaper editor, for defaming him by accusing him of taking bribes. Eddy’s article is based in part on a handwritten document that was mailed to the newspaper stating that an anonymous person gave money to Paul in exchange for political favors.
Eddy’s lawyer wants to introduce the document into evidence. Paul objects on hearsay grounds. Should the court exclude the document from evidence?
CorrectIncorrect - Question 8 of 12
8. Question
Wanda was across the street when an attempted robbery occurred. Wanda did not see any of the people involved but provided police with a detailed description of a red convertible that sped off around the time of the incident. The defendant is accused of being the owner of the convertible. At trial, Wanda says she does not recall the incident at all. Which of the following is a basis to admit her statement to the police into evidence?
CorrectIncorrect - Question 9 of 12
9. Question
David is on trial for burglarizing three homes the night of August 22. On August 23 he failed to show up to work and told his supervisor, Sam, that he was too sleepy to work because he was up all night. The prosecutor argues that David was sleepy because he was burglarizing homes the night before. David claims to have been up all night waiting for a phone call from his niece, Nancy. Nancy’s boyfriend, Bob, told David on the morning of August 22 that “Nancy plans to call you tonight and really wants to speak with you. Don’t miss her call!”
Is David’s statement admissible to prove that David was up all night?
CorrectIncorrect - Question 10 of 12
10. Question
David is on trial for burglarizing three homes the night of August 22. On August 23 he failed to show up to work and told his supervisor, Sam, that he was too sleepy to work because he was up all night. The prosecutor argues that David was sleepy because he was burglarizing homes the night before. David claims to have been up all night waiting for a phone call from his niece, Nancy. Nancy’s boyfriend, Bob, told David on the morning of August 22 that “Nancy plans to call you tonight on your home phone and really wants to speak with you. Don’t miss her call!”
Can David testify as to Bob’s statement to him to prove that he was home waiting for Nancy’s call?
CorrectIncorrect - Question 11 of 12
11. Question
A taxi driven by Darren injures pedestrian Patty. Warren witnessed the accident as he was a passenger in the taxi. A few moments before the injury occurred, Warren allegedly told Darren to “Slow down before we get into an accident!”
Can Warren testify that Darren was driving too fast?
CorrectIncorrect - Question 12 of 12
12. Question
A taxi driven by Darren injures pedestrian Patty. Warren witnessed the accident as he was a passenger in the taxi. A few moments before the injury occurred, Warren allegedly told Darren to “Slow down before we get into an accident!”
Can Warren testify as to what he told Darren?
CorrectIncorrect