TX Bar Evidence 2 — Questions and Answers
Question 1: Under TRE 803(1), which statement qualifies as a present sense impression?
- A statement made while perceiving an event or immediately thereafter (Correct answer)
- A statement made under the stress of excitement caused by a startling event
- A statement made for medical diagnosis or treatment
- A statement contained in an ancient document
Correct 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.
Question 2: A business record is admissible under TRE 803(6) only if it was:
- Made at or near the time by a person with knowledge as part of a regularly conducted activity (Correct answer)
- Made by a party opponent and offered against that party
- Made under oath in a prior administrative proceeding
- Made by a government official in the discharge of official duties
Correct 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.
Question 3: Under TRE 804(b)(2), a dying declaration is admissible in which proceedings?
- Criminal prosecutions only
- Civil cases and criminal homicide prosecutions (Correct answer)
- Any civil or criminal proceeding
- Capital murder cases only
Correct answer: Civil cases and criminal homicide prosecutions
Under TRE 804(b)(2), dying declarations are admissible in civil cases and criminal homicide prosecutions.
Question 4: Which of the following is hearsay under the Texas Rules of Evidence?
- A witness testifying to what she personally observed at the scene
- A statement offered solely to show its effect on the listener
- An out-of-court statement offered to prove the truth of the matter asserted (Correct answer)
- A verbal act that gives independent legal effect to a transaction
Correct 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.
Question 5: The residual hearsay exception under TRE 807 requires that the statement have:
- Circumstantial guarantees of trustworthiness equivalent to the listed exceptions (Correct answer)
- Been made under oath before a judicial officer
- Been made by an unavailable declarant only
- Been corroborated by independent physical evidence
Correct 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.
Question 6: Under TRE 801(e)(2), an admission by a party-opponent is classified as:
- A hearsay exception requiring proof of the party's unavailability
- Not hearsay, making it freely admissible as substantive evidence (Correct answer)
- Admissible only for impeachment purposes
- Limited to statements made under oath in a prior proceeding
Correct 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.
Question 7: Under TRE 803(4), a statement made for medical diagnosis or treatment is admissible if it:
- Was made to any person the declarant believed could provide treatment
- Describes medical history or symptoms reasonably pertinent to diagnosis or treatment (Correct answer)
- Was made to a licensed physician only
- Was made contemporaneously with the injury
Correct 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.
TX Bar Evidence 2
Under TRE 803(1), which statement qualifies as a present sense impression?