Excited Utterances and Present Sense Impressions: Hearsay Exceptions Explained

Question 1

The excited utterance exception to the hearsay rule does not require which of the following elements?

Accepted Answer

The declarant must be unavailable as a witness.

Answer

The statement was made under the influence of excitement.

Answer

The excitement was caused by a startling event.

Answer

The statement was made within a reasonable time after the event.

Question 2

In which scenario would the present sense impression exception to the hearsay rule likely be applicable?

Accepted Answer

A victim of domestic violence testifies about the abuse they endured.

Answer

A witness testifies about a conversation they had with a crime victim after the incident.

Answer

A police officer testifies about a confession made by a suspect.

Answer

A defendant testifies about their mental state at the time of the alleged crime.

Question 3

The primary distinction between excited utterances and present sense impressions is that:

Accepted Answer

Excited utterances concern past events, while present sense impressions concern present events.

Answer

Excited utterances arise from excitement, while present sense impressions arise from stress.

Answer

Excited utterances are admissible as hearsay exceptions, but present sense impressions are not.

Answer

Excited utterances have a broader scope of admissibility than present sense impressions.

Question 4

In which situation might the excited utterance exception and the present sense impression exception potentially overlap?

Accepted Answer

A witness testifies about a conversation they had with a car accident victim immediately after the accident.

Answer

A defendant testifies about their mental state at the time of the alleged crime.

Answer

A police officer testifies about a confession made by a suspect.

Answer

A doctor testifies about a patient's medical history.

Question 5

Which of the following are requirements for the excited utterance exception to the hearsay rule?

Accepted Answer

The declarant was under the influence of stress or excitement caused by a startling event.

Accepted Answer

The statement was made shortly after the startling event.

Answer

The declarant had an opportunity to fabricate or distort the statement.

Question 6

Which of the following factors is NOT considered by courts when determining whether a statement qualifies as a present sense impression?

Accepted Answer

Whether the statement was made under oath

Answer

Whether the statement was made contemporaneously with the event

Answer

Whether the statement relates to the declarant's own observations

Answer

Whether the statement is consistent with other evidence in the case

Question 7

Which of the following is a characteristic of both the excited utterance exception and the present sense impression exception?

Accepted Answer

The statements must be made spontaneously

Answer

The statements must be made against the declarant's interest

Answer

The declarant must be unavailable to testify at trial

Answer

The statements must be made in response to questioning

Question 8

True or False: The excited utterance exception can be used to admit into evidence statements made by witnesses who are not victims of the crime

Accepted Answer

True

Answer

False

Question 9

Which of the following is NOT a specific requirement for the present sense impression exception to the hearsay rule?

Accepted Answer

The statement must be made by a person who is unavailable to testify.

Answer

The statement must be made during the declarant's sensory perception of the event or condition.

Answer

The statement must be spontaneous and made without prompting.

Answer

The statement must relate to a sudden or unexpected event.

Question 10

True or False: The present sense impression exception is applicable to statements describing ongoing or continuous events or conditions.

Accepted Answer

True

Answer

False

Question 11

How do the excited utterance and present sense impression exceptions address the concerns that prompted the creation of the hearsay rule?

Accepted Answer

They involve situations where the declarant had no opportunity to fabricate or distort the truth, ensuring reliability despite the lack of cross-examination.

Answer

They allow the admission of statements that are corroborated by other evidence, increasing their trustworthiness.

Answer

They enable the admission of statements made by unavailable declarants, addressing concerns about the inability to cross-examine them.

Answer

They permit the admission of statements that are against the declarant's interests, ensuring their truthfulness.

Question 12

Which of the following would NOT be considered a present sense impression?

Accepted Answer

A statement made by a victim of a crime five minutes after the event.

Answer

A witness's description of a car accident that they are currently witnessing.

Answer

A doctor's notes made during an examination of a patient.

Answer

A police officer's report of a crime that they witnessed.

Question 13

Which of the following factors is NOT relevant in determining whether a statement qualifies as a present sense impression?

Accepted Answer

The distance between the declarant and the event they are describing.

Answer

The declarant's opportunity to observe the event.

Answer

The declarant's state of mind at the time of the statement.

Answer

The lapse of time between the event and the statement.

Question 14

True or False: Excited utterances are admissible even if they are made after the declarant has had time to reflect on the event.

Accepted Answer

False

Answer

True

Question 15

What is the key difference between an excited utterance and a present sense impression?

Accepted Answer

Excited utterances are made under the stress of excitement, while present sense impressions are not.

Answer

Present sense impressions are made within a reasonable time after the event, while excited utterances are not.

Answer

Excited utterances are made by unavailable declarants, while present sense impressions are not.

Answer

There is no difference between an excited utterance and a present sense impression.

Question 16

True or False: The present sense impression exception applies to statements about past events.

Accepted Answer

False

Answer

True

Question 17

Which of the following is NOT an element of the excited utterance exception to the hearsay rule?

Accepted Answer

The statement must be made by a person with a duty to report the event

Answer

The statement must relate to a startling event

Answer

The statement must be made while the declarant is under the stress of excitement

Answer

The statement must be made before the declarant has had time to fabricate

Question 18

Which of the following is more likely to be admissible under the excited utterance exception than the present sense impression exception?

Accepted Answer

A statement made by a victim of a crime immediately after the event

Answer

A statement made by a witness to a crime two hours later

Answer

A statement made by a doctor describing a patient's symptoms during an examination

Answer

A statement made by a police officer describing the scene of a crime

Question 19

Which of the following factors is NOT considered when determining whether a statement meets the requirements of the excited utterance exception?

Accepted Answer

The declarant's level of education

Answer

The declarant's demeanor

Answer

The declarant's relationship to the event

Answer

The consistency of the statement with other evidence

Question 20

Which of the following is true of the excited utterance exception?

Accepted Answer

It is an exception to the hearsay rule that allows out-of-court statements to be admitted into evidence when the declarant is unavailable to testify.

Answer

It applies only to statements made by witnesses to a crime.

Answer

It is only applicable in criminal cases.

Answer

It is a very broad exception that allows almost any out-of-court statement to be admitted into evidence.

Question 21

Which of the following statements is most likely to be admissible under the excited utterance exception?

Accepted Answer

A statement made by a victim of a robbery immediately after the event

Answer

A statement made by a witness to a car accident two days after the event

Answer

A statement made by a police officer describing the scene of a crime two hours after the event

Answer

A statement made by a doctor describing a patient's symptoms during an examination two days after the event

Question 22

True or False: Present sense impressions are admissible under the hearsay rule even if the declarant is available to testify at trial.

Accepted Answer

True

Answer

False

Question 23

Which of the following factors is NOT considered when determining whether a statement qualifies as a present sense impression?

Accepted Answer

The declarant's believability.

Answer

The declarant's opportunity to observe the event.

Answer

The declarant's excitement at the time the statement was made.

Answer

The time lapse between the event and the statement.

Question 24

Which of the following is a requirement for the excited utterance exception to the hearsay rule?

Accepted Answer

Both A and B are correct.

Answer

The statement must be made while the declarant is under the stress of excitement caused by a startling event or condition.

Answer

The statement must be made within a reasonable time after the startling event or condition.

Answer

Neither A nor B is correct.

Question 25

Which of the following is NOT an example of a present sense impression?

Accepted Answer

A witness testifies that they smelled smoke coming from the house last week.

Answer

A witness testifies that they saw the defendant rob the bank.

Answer

A witness testifies that they heard the gunshot.

Answer

A witness testifies that they felt the pain.

Question 26

Which of the following is an exception to the hearsay rule that allows for the admission of statements made for the purpose of medical diagnosis or treatment?

Accepted Answer

Medical diagnosis exception

Answer

Excited utterance exception

Answer

Present sense impression exception

Answer

Ancient document exception

Question 27

Which of the following is an example of a present sense impression that would be admissible under the present sense impression exception?

Accepted Answer

A witness testifies that they heard the gunshot several minutes ago.

Answer

A witness testifies that they saw the defendant rob the bank yesterday.

Answer

A witness testifies that they smelled smoke coming from the house last week.

Answer

A witness testifies that they felt the pain yesterday.

Question 28

Which of the following is a policy reason for the excited utterance exception to the hearsay rule?

Accepted Answer

To admit reliable out-of-court statements made under the stress of excitement, which suggests trustworthiness.

Answer

To protect the defendant's right to confront witnesses.

Answer

To promote the efficient administration of justice.

Question 29

Which of the following is a policy reason for the present sense impression exception to the hearsay rule?

Accepted Answer

To admit reliable out-of-court statements made while the declarant is perceiving the event, which suggests accuracy.

Answer

To protect the defendant's right to confront witnesses.

Answer

To preserve the hearsay rule as a general prohibition against out-of-court statements.

Answer

To promote the efficient administration of justice.

Question 30

Which of the following is a limitation on the excited utterance exception?

Accepted Answer

The statement must be made while the declarant is under the stress of excitement.

Answer

The declarant must be unavailable to testify.

Answer

The statement must be made after the event.

Answer

The statement must be made in court.

Question 31

Which of the following is a limitation on the present sense impression exception?

Accepted Answer

The statement must be made while the declarant is perceiving the event.

Answer

The statement must be made under oath.

Answer

The statement must be made outside of court.

Question 32

Which of the following is NOT an element of the present sense impression exception to the hearsay rule?

Accepted Answer

The statement must be made under oath.

Answer

The statement must describe or explain an event or condition that the declarant is perceiving.

Answer

The declarant must have firsthand knowledge of the event or condition.

Answer

The statement must be made while the declarant is perceiving the event or condition.

Question 33

Which of the following is a requirement for the excited utterance exception to the hearsay rule?

Accepted Answer

The statement must be made while the declarant is under the stress of excitement caused by the startling event or condition.

Answer

The statement must be made in response to a question.

Answer

A lapse of time between the exciting event and the statement.

Question 34

Which of the following is a typical application of the present sense impression exception?

Accepted Answer

A witness testifies about a car accident that they witnessed.

Answer

A witness testifies about a statement made by the victim of a crime hours after the crime occurred.

Answer

A witness testifies about a conversation they had with the defendant last week.

Question 35

What is the rationale for allowing excited utterances as an exception to the hearsay rule?

Accepted Answer

Excited utterances are generally considered reliable because they are made under the stress of excitement and without an opportunity for fabrication or distortion.

Answer

Excited utterances are not reliable and should not be admitted into evidence.

Answer

Excited utterances are reliable because they are made by disinterested parties.

Question 36

What is the key element that distinguishes a present sense impression from an excited utterance?

Accepted Answer

A present sense impression is made while the declarant is perceiving the event or condition, while an excited utterance is made after the event or condition has occurred.

Answer

A present sense impression is made by a disinterested party, while an excited utterance is made by a party with a stake in the outcome of the case.

Answer

A present sense impression is made under oath, while an excited utterance is not.

Question 37

Which of the following factors would affect the admissibility of a statement under the excited utterance exception?

Accepted Answer

The length of time between the event and the statement, as well as the declarant's level of excitement and the content of the statement.

Answer

The declarant's occupation.

Answer

The declarant's age.

Answer

The declarant's gender.

Question 38

Which of the following hearsay exceptions is most closely related to the excited utterance exception?

Accepted Answer

Dying declaration exception

Answer

Public records exception

Answer

Business records exception

Answer

Ancient document exception

Question 39

Which of the following is an element of the excited utterance exception to the hearsay rule?

Accepted Answer

The statement was made while the declarant was under the stress of excitement caused by the event or condition.

Answer

The statement was made under oath.

Answer

The statement was made after the declarant had time to fabricate or misrepresent the facts.

Question 40

A witness testifies that the defendant said, 'I shot him!' immediately after the victim was shot. Which hearsay exception, if any, applies in this scenario?

Accepted Answer

Excited utterance

Answer

Present sense impression

Answer

Res gestae

Answer

Dying declaration

Question 41

Which of the following statements about the present sense impression exception to the hearsay rule is accurate?

Accepted Answer

The statement must describe an event or condition that is occurring at the time the statement is made.

Answer

The declarant must be available for cross-examination.

Answer

The statement must be made about a past event or condition.

Question 42

A witness testifies that he heard the defendant say, 'I killed him!' several hours after the victim was killed. Which hearsay exception, if any, applies in this scenario?

Accepted Answer

None of the above

Answer

Excited utterance

Answer

Dying declaration

Answer

Present sense impression

Question 43

Which of the following is a relevant consideration when determining whether a statement qualifies as an excited utterance?

Accepted Answer

The declarant's relationship to the event or condition

Answer

The declarant's gender

Answer

The declarant's age

Answer

The declarant's level of education

Question 44

Which of the following is an example of a statement that would NOT be admissible under the excited utterance exception to the hearsay rule?

Accepted Answer

The defendant said, 'I'm going to kill him!' several hours before the victim was killed.

Answer

The defendant said, 'I robbed the bank!' while running away from the bank with a bag of money.

Answer

The defendant said, 'I shot him!' immediately after the victim was shot.

Question 45

Which of the following is an example of a statement that would be admissible under the present sense impression exception to the hearsay rule?

Accepted Answer

The witness said, 'The car is red!' while looking at the car.

Answer

The witness said, 'I think the car is red!' while looking at the car.

Answer

The witness said, 'The car was red!' several hours after seeing the car.

Question 46

Which of the following is NOT a required element of the excited utterance exception to the hearsay rule?

Accepted Answer

The declarant must be available to testify at trial

Answer

The declarant must have personal knowledge of the facts stated in the statement

Answer

The statement must be made while the declarant was under the stress of excitement caused by the event

Answer

The statement must be made within a short period of time after the event occurred

Question 47

In which circumstance would a statement NOT be admissible under the excited utterance exception to the hearsay rule?

Accepted Answer

A witness to a car accident makes a statement to the police three days after the accident

Answer

A defendant in a murder trial makes a statement to his lawyer about the events leading up to the murder while still under the influence of the excitement caused by the event

Answer

A victim of a robbery makes a statement to the police immediately after the robbery

Question 48

Which of the following is NOT a limitation on the present sense impression exception to the hearsay rule?

Accepted Answer

The statement must be made under oath

Answer

The statement must be made while the declarant is perceiving the event

Answer

The declarant must have personal knowledge of the event

Question 49

What is the primary purpose of the hearsay rule?

Accepted Answer

To exclude unreliable out-of-court statements from being admitted as evidence in court

Answer

To protect the rights of the accused

Answer

To promote judicial efficiency

Question 50

Which of the following is NOT an exception to the hearsay rule?

Accepted Answer

Hearsay within hearsay

Answer

Excited utterances

Answer

Present sense impressions

Answer

Dying declarations

Question 51

What is the key difference between an excited utterance and a present sense impression?

Accepted Answer

Excited utterances are made under the stress of excitement caused by the event, while present sense impressions are made while the declarant is perceiving the event

Answer

Excited utterances are made by witnesses, while present sense impressions are made by victims

Answer

Excited utterances are admissible in criminal cases, while present sense impressions are only admissible in civil cases

Question 52

Which of the following is NOT an element of the present sense impression exception to the hearsay rule?

Accepted Answer

The statement must be made under oath

Answer

The statement must be made while the declarant is perceiving the event

Answer

The statement must be made without any opportunity for the declarant to fabricate or distort the facts