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Evidence Flashcards

7 cards from real TX BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

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  1. Under TRE 803(1), which statement qualifies as a present sense impression?

    Answer: A statement made while perceiving an event or immediately thereafter

    A present sense impression under TRE 803(1) is a statement describing an event made while perceiving it or immediately thereafter.

  2. A business record is admissible under TRE 803(6) only if it was:

    Answer: Made at or near the time by a person with knowledge as part of a regularly conducted activity

    Business records are admissible when made at or near the time of the act by someone with knowledge, as part of a regularly conducted business activity.

  3. Under TRE 804(b)(2), a dying declaration is admissible in which proceedings?

    Answer: Civil cases and criminal homicide prosecutions

    Under TRE 804(b)(2), dying declarations are admissible in civil cases and criminal homicide prosecutions.

  4. Which of the following is hearsay under the Texas Rules of Evidence?

    Answer: An out-of-court statement offered to prove the truth of the matter asserted

    Hearsay is defined under TRE 801(d) as an out-of-court statement offered to prove the truth of the matter asserted.

  5. The residual hearsay exception under TRE 807 requires that the statement have:

    Answer: Circumstantial guarantees of trustworthiness equivalent to the listed exceptions

    The residual exception requires the statement to have equivalent circumstantial guarantees of trustworthiness to the enumerated exceptions in TRE 803 and 804.

  6. Under TRE 801(e)(2), an admission by a party-opponent is classified as:

    Answer: Not hearsay, making it freely admissible as substantive evidence

    Party admissions are defined as 'not hearsay' under TRE 801(e)(2), so they are directly admissible as substantive evidence.

  7. Under TRE 803(4), a statement made for medical diagnosis or treatment is admissible if it:

    Answer: Describes medical history or symptoms reasonably pertinent to diagnosis or treatment

    TRE 803(4) admits statements describing medical history, symptoms, or their cause when reasonably pertinent to diagnosis or treatment.