TX Bar Evidence 2

Question 1

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

Accepted Answer

A statement made while perceiving an event or immediately thereafter

Answer

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:

Accepted Answer

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

Answer

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?

Accepted Answer

Civil cases and criminal homicide prosecutions

Answer

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?

Accepted Answer

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

Answer

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:

Accepted Answer

Circumstantial guarantees of trustworthiness equivalent to the listed exceptions

Answer

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

(TX Bar) Texas Bar Exam Practice Test

(TX Bar) Texas Bar Exam Practice Test

TX Bar Evidence 2