Evidence Law Quiz

Example Questions From the Test

• 1While watching a car leave an accident scene, a caller tells a 911 operator, “The blue sedan is turning east onto Pine Street now.” Which hearsay exception most directly fits the timing of this description?
  • Past recollection recorded
  • Statement against interest
  • Then-existing state of mind
  • Present-sense impression
• 2During her employment, a delivery company's driver told a customer, “Our dispatch system sent me to the wrong address.” The customer offers the statement against the company in a related lawsuit. Which classification is most accurate?
  • It may be treated as an opposing party's statement because it concerned a matter within the driver's employment and was made during that relationship.
  • It is admissible only if it qualifies as a present-sense impression.
  • It is automatically a business record because the driver discussed company operations.
  • It is hearsay because only statements made by company executives can be used against a company.
• 3In a federal criminal case, a court takes judicial notice of an adjudicative fact. What must the court tell the jury about that fact?
  • The jury must accept the fact as conclusive, just as in a civil case.
  • The jury must disregard the fact unless both parties formally stipulated to it.
  • The jury may consider the fact only if an expert witness independently verifies it.
  • The jury may, but is not required to, accept the noticed fact as conclusive.