Master of the Rules of Evidence Flashcard

Front

The test for relevant evidence is Rule ___.

Back

401

Front

The test for hearsay is Rule ___

Back

801

Front

Which of the following is NOT a condition under which a declarant-witness's prior statement is considered not hearsay? Options: The statement is inconsistent with the declarant's testimony and was given under penalty of perjury. The statement is consistent with the declarant's testimony and rebuts a charge of recent fabrication. The statement identifies a person the declarant perceived earlier. The statement was made by the declarant's agent or employee.

Back

The statement was made by the declarant's agent or employee.

Front

A statement made by a party's ___ during and in furtherance of the conspiracy is not considered hearsay.

Back

coconspirator

Front

What is NOT a factor of Rule 803(5) Record of a Regularly Conducted Activity? (HINT: business records) Options: the record was made at or near the time by – or from information transmitted by – someone with knowledge, a matter observed while under a legal duty to report, but not including, in a criminal case, a matter observed by law-enforcement personnel, the record was kept in the course of a regularly conducted activity of a business, organization, occupation, or calling, whether or not for profit, making the record was a regular practice of that activity

Back

a matter observed while under a legal duty to report, but not including, in a criminal case, a matter observed by law-enforcement personnel

Front

A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an ___ or otherwise if the testimony is based on sufficient facts or data.

Back

opinion

Front

Which of the following is NOT a requirement for an expert witness's testimony according to the passage?
- The testimony must be based on sufficient facts or data.
- The expert must have a personal connection to the case.
- The testimony must be the product of reliable principles and methods.
- The expert must have reliably applied the principles and methods to the facts of the case.

Back

The expert must have a personal connection to the case.