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Pop Quiz - Evidence
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Email
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What is hearsay? Check all that apply
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1 point
Only the spoken word
Statement made out of court
Made by the witness testifying
Offered to prove the truth of the matter
Required
Who is the declarant?
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1 point
The person who is testifying
The person who makes the statement, who is not testifying
Can the declarant be impeached?
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1 point
Yes, about crimes, bad character for truthfulness or bias
Only if the declarant is on the stand
Only if the declarant is dead
Check all that apply when describing judicial notice:
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1 point
It may be taken at any stage of the proceedings
It can be taken on information that only the judge knows
It must be taken when requested by a party who provides the judge with the necessary info
It requires universal knowledge
Required
Check all that apply when describing relevant evidence:
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1 point
Relevant evidence is generally admissible
Irrelevant evidence is inadmissible
All relevant evidence will be admitted
Not all relevant evidence is admitted; may be excluded because it is cumulate for examplequest
Required
How old is an ancient document?
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1 point
10 years
20 years
25 years
30 years
What makes a declarant unavailable? Check all that apply
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1 point
Privilege
Witness refused to testify
Witness is ill or dead
Witness is absent and their attendance can’t be procured
Required
10.
Who has burden of proof at a Tax Court trial?
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1 point
Petitioner
Respondent
What standard of proof applies at a Tax Court trial?
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1 point
Clear and convincing
Preponderance of the evidence
Beyond a reasonable doubt
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