MI Bar Evidence 3

Question 1

A police officer testifies that an anonymous caller said the defendant was selling drugs. Offered to prove the defendant sold drugs, this testimony is:

Accepted Answer

Inadmissible hearsay

Answer

An out-of-court statement offered for the truth of the matter asserted is hearsay, and an anonymous tip fits no exception.

Question 2

In a criminal trial, the defendant's own statement to police, offered by the prosecution, is admissible as:

Accepted Answer

A statement of a party-opponent, which is not hearsay

Answer

A party's own statement offered against that party is excluded from the definition of hearsay under MRE 801(d)(2).

Question 3

Under the Confrontation Clause as applied in Michigan, a testimonial statement of an unavailable witness is admissible against a criminal defendant only if:

Accepted Answer

The defendant had a prior opportunity to cross-examine the declarant

Answer

Under Crawford v. Washington, testimonial hearsay requires unavailability plus a prior opportunity for cross-examination, regardless of reliability.

Question 4

A lay witness may offer an opinion under MRE 701 only if it is:

Accepted Answer

Rationally based on the witness's perception and helpful to the fact-finder

Answer

MRE 701 limits lay opinions to those rationally based on perception, helpful to understanding testimony or a fact in issue, and not based on specialized knowledge.

Question 5

A nurse's statement in a medical record that the patient said 'my husband pushed me down the stairs' is admissible under the medical-treatment exception if:

Accepted Answer

The statement was reasonably necessary to diagnosis or treatment

Answer

MRE 803(4) admits statements made for and reasonably necessary to medical diagnosis or treatment, which can include the cause of injury in abuse cases.

(MI Bar) Michigan Bar Exam Practice Test

(MI Bar) Michigan Bar Exam Practice Test

MI Bar Evidence 3