Evidence Equations
Evidence equations
1-Female former city employee brought action under Title VII and Iowa Civil Rights Act (ICRA), asserting acts of discrimination based on gender, sexual harassment and retaliation, including termination of her employment.Another employee and former coworker testified about derogatory names that other coworkers allegedly called female employee.
Is it hearsay?
A / Yes
B / No
2-female former city employee brought action under Title VII and Iowa Civil Rights Act (ICRA), asserting acts of discrimination based on gender, sexual harassment and retaliation, including termination of her employment.
Another employee and former coworker testified about derogatory names that other coworkers allegedly called female employee.
Which of the following is the best answer:
A / Admissible under Federal Rule of Evidence 803(2) as an excited utterance
B / Admissible under Federal Rule of Evidence 803(1) as a present sense impression
C / Admissible as not hearsay
D / Inadmissible as hearsay not within any exception
3-Max was convicted of one count of conspiracy to commit mail and wire fraud . There were over 600 victims bilked of at least $14,151,596 by pocketing their investments and interest payments and charging a 15% sales commission, $100 new account fee, $100 annual fee, and a "spread fee" of approximately 3% of the total value of the investment (the 20% down payment plus the 80% financing).
A witness/victim of the alleged fraud testified that telemarketers solicited him as a customer referencing various departments within the companies, such as "New Accounts Department," "Customer Service Department," "Traders," and "Compliance Department." These departments, however, did not exist.
Is it hearsay?
A / Yes
B / No
4-Max was convicted of one count of conspiracy to commit mail and wire fraud . There were over 600 victims bilked of at least $14,151,596 by pocketing their investments and interest payments and charging a 15% sales commission, $100 new account fee, $100 annual fee, and a "spread fee" of approximately 3% of the total value of the investment (the 20% down payment plus the 80% financing).
A witness/victim of the alleged fraud testified that telemarketers solicited him as a customer referencing various departments within the companies, such as "New Accounts Department," "Customer Service Department," "Traders," and "Compliance Department." These departments, however, did not exist.
Which of the following is the best answer
A / Admissible under Federal Rule of Evidence 803(2) as an excited utterance
B / Admissible as not hearsay
C / Admissible under Federal Rule of Evidence 801(d) as an admission, or
D / Inadmissible as hearsay not within any exception.
5-Mary Jane was driving to her aunt's house. She changed lanes and moved in front of a pickup. She stopped at a stoplight. Defendant, the driver of the pickup truck, drove his car over the sidewalk and shot at her car. She testified to being shocked and scared by the incident, and that she continued on toward her aunt's nearby house to report the incident. Approximately two blocks from the site of the shooting, an unidentified man shouted to her, "[H]ey, hey, I got-I wrote down the license plate. [¶] ... [¶] Would it help?" He, too, looked shocked, she testified. The man pulled over and gave her a napkin with a license plate number written on it. He asked her if she was okay, said he hoped she was safe, and left.
The napkin with the license plate number was admitted into evidence.
Is it hearsay?
A / Yes
B / No
6-Mary Jane was driving to her aunt's house. She changed lanes and moved in front of a pickup. She stopped at a stoplight. Defendant, the driver of the pickup truck, drove his car over the sidewalk and shot at her car. She testified to being shocked and scared by the incident, and that she continued on toward her aunt's nearby house to report the incident. Approximately two blocks from the site of the shooting, an unidentified man shouted to her, "[H]ey, hey, I got-I wrote down the license plate. [¶] ... [¶] Would it help?" He, too, looked shocked, she testified. The man pulled over and gave her a napkin with a license plate number written on it. He asked her if she was okay, said he hoped she was safe, and left.
The napkin with the license plate number was admitted into evidence.
Which of the following is the best answer:
A / Admissible under Federal Rule of Evidence 803(2) as an excited utterance
B / Admissible under Federal Rule of Evidence 803(1) as a present sense impression
C / Admissible under Federal Rule of Evidence 803 (5) as recorded recollection, or
D / Inadmissible as hearsay not within any exception
7-Computer programmer's estate brought action seeking declaration that programmer was "employee" of company and its contractor, and recovery of overtime wages, employment benefits, and indemnification for tax liabilities.
A witness for the estate sought to testify that the programmer told the witness that he "felt that due to the way he was treated" that he was considered an employee.
Is it hearsay?
A / Yes
B / No
8-Computer programmer's estate brought action seeking declaration that programmer was "employee" of company and its contractor, and recovery of overtime wages, employment benefits, and indemnification for tax liabilities.
A witness for the estate sought to testify that the programmer told the witness that he "felt that due to the way he was treated" that he was considered an employee.
Which of the following is the best answer:
A / Admissible under Federal Rule of Evidence 803(2) as an excited utterance
B / Admissible under Federal Rule of Evidence 803(3) as a statement of then existing state of mind
C / Admissible under Federal Rule of Evidence 803 (5) as recorded recollection, or
D / Inadmissible as hearsay not within any exception.
9-Daughter individually and on behalf of heirs of estate of her mother brought action against physician alleging that physician's negligence and misdiagnosis resulted in mother's death.
The decedent's daughter testified that her mother said to her, " I thought I was having a heart attack, but the doctor thought differently."
Is it hearsay?
A / Yes
B / No
10-Daughter individually and on behalf of heirs of estate of her mother brought action against physician alleging that physician's negligence and misdiagnosis resulted in mother's death.
The decedent's daughter testified that her mother said to her, " I thought I was having a heart attack, but the doctor thought differently."
Which of the following is the best answer:
A / Admissible under Federal Rule of Evidence 803(2) as an excited utterance
B / Admissible under Federal Rule of Evidence 803(3) as a statement of then existing state of mind
C / Admissible under Federal Rule of Evidence 803 (4) as a statement for the purposes of medical diagnosis or treatment, or
D / Inadmissible as hearsay not within any exception
11-Daughter individually and on behalf of heirs of estate of her mother brought action against physician alleging that physician's negligence and misdiagnosis resulted in mother's death.
The decedent's daughter testified that her mother said to her, " I thought I was having a heart attack, but the doctor thought differently."
Which of the following is the best answer:
A / Admissible under Federal Rule of Evidence 803(2) as an excited utterance
B / Admissible under Federal Rule of Evidence 803(3) as a statement of then existing state of mind
C / Admissible under Federal Rule of Evidence 803 (4) as a statement for the purposes of medical diagnosis or treatment, or
D / Inadmissible as hearsay not within any exception
12-Daughter individually and on behalf of heirs of estate of her mother brought action against physician alleging that physician's negligence and misdiagnosis resulted in mother's death.
During a phone conference to decedent's home, defendant physician testified that he admonished the husband to bring his wife back to the hospital. He testified that he could hear the decedent's voice in the background saying, "I don't want to come."
Which of the following is the best answer:
A / Admissible under Federal Rule of Evidence 803(4) as a statement made to a physician - albeit through another - for purpose of medical treatment
B / Admissible under Federal Rule of Evidence 803(3) as a statement of then existing state of mind
C / Admissible under Federal Rule of Evidence 803 (3) and 803(4)
D / Inadmissible as hearsay not within any exception
13-Defendant was convicted of first degree criminal sexual contact with person under the age of thirteen.
A prosecution witness, a treating physician, testified that the child victim stated to him that the defendant had caused her injuries.
Is it hearsay?
A / Yes
B / No
14-Defendant was convicted of first degree criminal sexual contact with person under the age of thirteen.
A prosecution witness, a treating physician, testified that the child victim stated to him that the defendant had caused her injuries.
Which of the following is the best answer:
A / Admissible under Federal Rule of Evidence 803(1) as an present sense impression
B / Admissible under Federal Rule of Evidence 803(3) as a statement of then existing state of mind
C / Admissible under Federal Rule of Evidence 803 (4) as a statement for the purposes of medical diagnosis or treatment, or
D / Inadmissible as hearsay not within any exception
15-Defendant was convicted of first degree criminal sexual contact with person under the age of thirteen.
A prosecution witness, the child's mother, testified that the child told the mother that defendant had touched her and indicated that touch occurred in genital area. The statement was made within hours of the alleged assault. The other testified that her daughter seemed upset and was crying.
Is it hearsay?
A / Yes
B / No
16-Defendant was convicted of first degree criminal sexual contact with person under the age of thirteen.
A prosecution witness, the child's mother, testified that the child told the mother that defendant had touched her and indicated that touch occurred in genital area. The statement was made within hours of the alleged assault. The other testified that her daughter seemed upset and was crying.
Which of the following is the best answer:
A / Admissible under Federal Rule of Evidence 803(1) as an present sense impression
B / Admissible under Federal Rule of Evidence 803(3) as a statement of then existing state of mind
C / Admissible under Federal Rule of Evidence 803 (2) as an excited utterance, or
D / Inadmissible as hearsay not within any exception
17-Max was found guilty by a jury of intentionally murdering Able , a longtime childhood friend. Able was killed instantly by a single gunshot. Immediately following the shooting, Max called 911 and reported the incident, repeatedly asking the operator to send police. In the tape of the 911 call Defendant stated that gang members, also friends of the deceased, were coming to his home and urged police to come quickly.
Defense counsel sought to introduce the 911 tape.
Is it hearsay?
A / Yes
B / No
18-Max was found guilty by a jury of intentionally murdering Able , a longtime childhood friend. Able was killed instantly by a single gunshot. Immediately following the shooting, Max called 911 and reported the incident, repeatedly asking the operator to send police. In the tape of the 911 call Defendant stated that gang members, also friends of the deceased, were coming to his home and urged police to come quickly.
Defense counsel sought to introduce the 911 tape.
Which of the following is the best answer:
A / Admissible as not hearsay
B / Admissible under Federal Rule of Evidence 803(3) as a statement of then existing state of mind
C / Admissible under Federal Rule of Evidence 803 (4) as an excited utterance, or
D / Inadmissible as hearsay not within any exception
19-Defendant was convicted in the United States District Court of being a felon in possession of a firearm.
The Prosecution sought to admit the tape of a 911 call from an unidentified witness who in the course of the call that she had placed stated that she had been just awaken by gunshots. As she looked out of her window, she described seeing someone running, orange bag in hand, toss an object into a vacant lot. The police later found a gun in the lot.
Is it hearsay?
A / Yes
B / No
20-Defendant was convicted in the United States District Court of being a felon in possession of a firearm.
The Prosecution sought to admit the tape of a 911 call from an unidentified witness who in the course of the call that she had placed stated that she had been just awaken by gunshots. As she looked out of her window, she described seeing someone running, orange bag in hand, toss an object into a vacant lot. The police later found a gun in the lot.
Which of the following is the best answer:
A / Admissible under Federal Rule of Evidence 803(1) as an present sense impression
B / Admissible under Federal Rule of Evidence 803(3) as a statement of then existing state of mind
C / Admissible under Federal Rule of Evidence 803 (5) as past recollection recorded, or
D / Inadmissible as hearsay not within any exception
21-Defendant's was convicted of aggravated murder and kidnapping.
At trial the Prosecution introduced a sworn complaint filed by the victim against the defendant for hitting her with a space heater on the morning of the murder.
Is it hearsay?
A / Yes
B / No
22-Defendant's was convicted of aggravated murder and kidnapping.
At trial the Prosecution introduced a sworn complaint filed by the victim against the defendant for hitting her with a space heater on the morning of the murder.
Is the sworn complaint hearsay?
A / Admissible under Federal Rule of Evidence 803(1) as an present sense impression
B / Admissible under Federal Rule of Evidence 803(3) as a statement of then existing state of mind
C / Admissible under Federal Rule of Evidence 803 (5) as past recollection recorded, or
D / Inadmissible as hearsay not within any exception
23-Defendant was convicted in the United States District Court conspiracy to commit and commission of robbery and use and carrying of firearm during crime of violence.
The prosecution introduced an anonymous note left on the front seat of the getaway car and discovered when police identified and seized the vehicle. The note stated : "Light green (and then gave a license tag number). They changed cars; this is the other car." A check on the light green car revealed that it was a green Chevy registered to the then fiancee and later wife of defendant. The note referencing the light green car led the authorities directly to Defendant. That afternoon police observed Defendant carrying several bags exit from the green chevy. The bags were searched and found to contain the stolen money.
Is it (the anonymous note) hearsay?
A / Yes
B / No
24-Defendant was convicted in the United States District Court conspiracy to commit and commission of robbery and use and carrying of firearm during crime of violence.
The prosecution introduced an anonymous note left on the front seat of the getaway car and discovered when police identified and seized the vehicle. The note stated : "Light green (and then gave a license tag number). They changed cars; this is the other car." A check on the light green car revealed that it was a green Chevy registered to the then fiancee and later wife of defendant. The note referencing the light green car led the authorities directly to Defendant. That afternoon police observed Defendant carrying several bags exit from the green chevy. The bags were searched and found to contain the stolen money.
Which of the following is the best answer:
A / Admissible under Federal Rule of Evidence 803(1) as an present sense impression
B / Admissible under Federal Rule of Evidence 803(2) as an excited utterance
C / Admissible under Federal Rule of Evidence 803 (5) as past recollection recorded, or
D / Inadmissible as hearsay not within any exception
25-Max was convicted of one count of conspiracy to commit mail and wire fraud . There were over 600 victims bilked of at least $14,151,596 by pocketing their investments and interest payments and charging a 15% sales commission, $100 new account fee, $100 annual fee, and a "spread fee" of approximately 3% of the total value of the investment (the 20% down payment plus the 80% financing).
The prosecution introduced a brochure of the Firm's stating that the staff of the firm had "extensive international business expertise," "worldwide contacts," or "a network of professional men and women who have the uncompromising commitment, integrity and motivation to achieve success." In fact, the staff consisted of five Bahamian office workers with no financial experience
Is it hearsay?
A / Yes
B / No
26-Max was convicted of one count of conspiracy to commit mail and wire fraud . There were over 600 victims bilked of at least $14,151,596 by pocketing their investments and interest payments and charging a 15% sales commission, $100 new account fee, $100 annual fee, and a "spread fee" of approximately 3% of the total value of the investment (the 20% down payment plus the 80% financing).
The prosecution introduced a brochure of the Firm's stating that the staff of the firm had "extensive international business expertise," "worldwide contacts," or "a network of professional men and women who have the uncompromising commitment, integrity and motivation to achieve success." In fact, the staff consisted of five Bahamian office workers with no financial experience
Which of the following is the best answer:
A / Admissible under Federal Rule of Evidence 803(6) as a business record;