Evidence (FRE) Exam Questions with Complete Correct Answers | Grade A+

What is hearsay? Ans: An out of court statement offered to prove the truth of the matter asserted. What includes non-hearsay? (Generally) (2) Ans: (1) certain prior statements of a testifying witnesses; (2) admissions of a party opponent Prior Inconsistent Statements (Non-Hearsay) Ans: Only prior inconsistent statements made under oath at a trial hearing or deposition made by the declarant are admissible as substantive evidence as non-hearsay Prior Consistent Statements Ans: A witness's prior consistent statement is NOT HEARSAY if offered to REBUT a charge that the WITNESS IS LYING FOR A PARTICULAR MOTIVE. The prior statement must be made before the alleged motive to lie came into being. Prior Statements of Identification Ans: Witness' Prior statement of identification of a person is an exception to Hearsay and is admissible as evidence Adoptive Admissions (Admission of Party Opponent) Ans: Non-Hearsay; Statement made by someone else, which is then expressly or impliedly adopted by a party Silence as Adoptive Admission (3) Ans: Non-hearsay if: (1) the party heard the statement and understood it; (2) the party had the ability to respond; (3) a reasonable person similarly situated would have denied the statement Vicarious Admissions Ans: Non-hearsay; statements that are made by persons authorized to speak on a party's behalf are admissible as long as the statement by the agent/employee was made with scope of employment Co-Conspirator Admissions Ans: Statement made during the course of a conspiracy and in furtherance of conspiracy. These admissions are subject to the confrontation clause. Preliminary Questions of Party Admissions Ans: in deciding whether there was a conspiracy or an agency relationship, the court cannot base its finding solely on the contents of the statement itself -- there must be some other evidence to support the finding Hearsay Exceptions Requiring Unavailability (5) Ans: 1. Dying Declaratio