Quiz #10

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School

St. Thomas University *

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Course

803

Subject

Anthropology

Date

Feb 20, 2024

Type

pptx

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Uploaded by ProfJaguar4077

REVIEW OF QUIZ #9 Easiest Question: #3 (Chumash artifacts) 88% Hardest : #4 (Yellow jacket) 27% Average Score: 2.3 Cumulative Average Score: 39.5/60

Question #1 Alexander is on trial for assaulting Spike in a bar. During the trial the prosecution calls Rupert, who was also present in the bar at the time of the incident. Rupert testifies that he was standing on an indoor balcony in the bar, looking down onto the first floor, when he saw Alexander come up from behind Spike and hit Spike in the back of the head with a beer bottle. On cross-examination, the defense attorney asks Rupert whether he spoke to his girlfriend about the incident the next day. Rupert agreed. The defense attorney then asked whether Rupert told his girlfriend: "Boy I got lucky last night; I was on the balcony at The Bronze tavern last night and I dropped a beer bottle on some guy by accident and the cops arrested someone else." The prosecutor objects. The evidence is: 57% correct

Question #1 (A) Admissible as impeachment evidence only. (B) Inadmissible. (C) Admissible to impeach and also as former testimony under 804(b)(1). (D) Admissible to impeach and also for the truth of the matter asserted as a prior statement by the witness under 801(d)(1) (A). 57% correct

Rule 801(d)(1) A statement that meets the following conditions is not hearsay exempted from the hearsay rule: The declarant testifies and is subject to cross-examination about a prior statement, and the statement: (A) is inconsistent with the declarant's testimony, and was given under penalty of perjury at a trial, hearing, or other proceeding, or in a deposition, (B) is consistent with the declarant's testimony and is offered to rebut an express or implied charge that the declarant recently fabricated it or acted from a recent improper influence or motive in so testifying, or to rehabilitate the declarant’s credibility as a witness when attacked on another ground.

Question #2 Tara is shot outside her dormitory apartment door by an unknown assailant. Officer Snyder asks her questions about the assault and takes notes on the interview but does not show them to Tara. Tara studies some pictures and then points to picture #4, saying: "He's the one who attacked me, I'm sure." At trial, Tara is unable to identify Warren as the assailant. She testifies that she remembers looking through the photographs at the hospital, but is unable to remember which one she chose. The prosecutor then asks Tara if seeing the officer's notes would refresh her recollection, and Tara says yes. Tara looks at the notes and then testifies that she selected picture #4 from the series of photos. The defense attorney objects. What should the judge do? 49% correct

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