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Exam 2

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cukefako's version from 2017-11-07 07:05

Section

Question Answer
The person who makes an out of court statement that another person wants to testify about in court is referred to as theDeclarnat
a written statement can be hearsayTrue
The federal rules use a[n] _____________-based test to determine if a statement is hearsayAssertion
Is a statement that creates or destroys a legal relationship, right, power, or duty inadmissible hearsNo--it is an operative legal fact
Are prior identification statements of a witness hearsay?No
the dying declaration exception only applies in criminal casesFalse: it applies in criminal homicide cases, but it also applies in all civil cases
a declarant is unavailable only if he/she is deadFalse
prior consistent statements are only admissible to rebut a charge of recent fabrication, improper influence, or motive.True
Who must testify to prove up the business records exception?The Custodian of Records or qualified person must testify to the regular practice of keeping the business records and how the particular record in question was kept
Does the public records exception apply to law enforcement records? No
The exclusionary rule is raised at trial through a motion toSupress
The primary purpose of the exclusionary rule is to ____________ police misconductDeter
It is an exception to the exclusionary rule if an officer acts in _______ _______ reliance on a facially valid warrant.Good Faith
The _________________ doctrine applies where there is an unconstitutional acquisition of evidence and an untainted parallel discovery of the same evidence that is independent of the initial illegal discoveryIndependent source
The ______________ doctrine applies where circumstances show that, even if there had been no bad police conduct, evidence would have been discovered anywayInevitable discovery
The United States Supreme Court overruled Ohio v. Roberts in which case?Crawford v. Washington
Crawford held the Sixth Amendment precludes admission of out-of-court ____________ statements in criminal trials where the declarant is “unavailable” and not subject to cross-examination.Testmonial
the existence of an ongoing emergency is the only factor in determining a confrontation clause violationFalse
statements made during an ongoing emergency, in an informal setting, with no police interrogation occurring will likely violate the Confrontation ClauseFalse
a conversation which begins as an interrogation to determine the need for emergency assistance can never evolve into testimonial statements once that emergency purpose has been achieved.False
a judge can 'judicially notice' any fact of which he has personal knowledgeFalse
a privilege only gives a person the right to refuse to testifyFalse
the 5th Amendment privilege applies to voice exemplarsFalse
in criminal cases, the State can force a defendant to take the witness stand and assert his Fifth Amendment right.False
the attorney-client privilege applies to physical evidence.False
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