1. Prior to 1965 there were few cases discussing the relationship between the ________ and the confrontation clause. a. hearsay law, hearsay exclusions b. witness privilege exception, hearsay testimony c. hearsay rule, the 5th Amendment d. hearsay rule, hearsay exemptions 2. In the 1965 case of Pointer v. Texas, the U.S. Supreme court held that the ________ Due Process Clause made the Confrontation Clause binding in state criminal trials. a. Fourteenth Amendment's b. Fifth Amendment's c. Bill of Right's d. Federal Rules of Evidence 3. ________ is not admissible as evidence unless there is a showing of substantial reliability for the statement. a. Confession b. Admission of guilt c. Hearsay d. Eavesdropping. 4. The showing of reliability and trustworthiness necessary to use statements as evidence is known as the ________. a. indicia of believability b. indicia of reliability c. reliability indicator d. hearsay reliability 5. Most states have adopted some form of a doctrine called ________. a. testimonial forfeiture b. unavailibility by wrongdoing c. forfeiture by wrongdoing d. forfeiture by murder 6. Many ________ are statements made by a witness in court, while under oath, and subject to cross-examination. a. testimonial statements b. hearsay statements c. hearsay testimonials d. testimonial recordings 7. If a witness is testifying to events that the witness saw or knew from first-hand experience then ________. a. the testimony is hearsay b. the testimony is not hearsay c. the testimony is admissible d. the testimony is not admissible 8. In the 2004 landmark case of ________ the U.S. Supreme Court adopted new rules for the introduction of testimonial evidence. a. Ohio v. Roberts b. Crawford v. Smith c. Clinton v. Bush d. Crawford v. Washington 9. Out-Of-Court hearsay statements can only be admitted if they are first determined to be ________. a. testimonial b. factual c. necessary d. evidence 10. The hearsay rule and its exceptions developed over a 300 year history in ________. a. Russian law b. English and French law c. English and American law d. Religious and Civil law 11. A statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition is known as ________. a. an excited utterance b. a stress related statement c. an excited exclamation d. an exclamatory statement 12. The ________ exception goes back to the 1600's in England and was adopted by the American states. a. medical treatment b. regularly kept records c. official records d. excited utterance 13. To be admissible, the testimony offered as ________ must have been spoken without hope of recovery and in the shadow of impending death. a. an insanity plea b. a declaration of insanity c. a serious illness declaration d. a dying declaration 14. Hundreds of years ago, the victim of a crime was expected to raise ________. a. an uproar and complain b. an immediate hue and cry c. arms and defend themselves d. money for their legal defense 15. Because new state child sexual abuse case hearsay exceptions are not ________, the reliability of such statements cannot be inferred. a. firmly rooted b. firmly planted c. legal precedents d. legally rooted 16. The Supreme Court has stated that the crucial role of cross-examination is the "greatest legal engine ever invented for the discovery of the truth". True False 17. The showing of reliability and trustworthiness necessary to use hearsay statements is known as the reliability indicator. True False 18. A witness testifying to events that the witness saw or knew from first-hand experience is considered to be hearsay testimony. True False 19. Hearsay rules and the right of a defendant to view and confront witnesses against him or her were "designed to protect similar values". True False 20. To make a dying declaration, nothing more is required than that the declarant realize the seriousness of his condition and the possibility of death. True False