Evidence: Qs

Question 1

Evidence may be excluded even though relevant when its probative value is substantially outweighed by other concerns.
Whhat is not a basis for excluding relevant evidence under this standard?

Answer 1

Public Policy Concerns

Question 2

e. If the evidence’s probative value is substantially outweighed by one of the following, it will be excluded:

Answer 2

Danger of unfair prejudice, confusion of issues, or misleading the jury
Undue delay, waste of time, or needless presentation of cumulative evidence

Question 3

Under the Federal Rules, evidence of a defendant’s withdrawn guilty plea is __________ admissible in subsequent civil proceedings.

Answer 3

Never. The rationale for this rule is that the evidentiary value of a withdrawn guilty plea (e.g., defendant’s admission of guilt) is deemed offset by the prejudicial effect of the evidence.

Question 4

Evidence that a plaintiff has filed similar tort claims in the past generally is admissible to show __________.

Answer 4

That the present claim is false, where the prior claims were also false.

Question 5

The custom of a particular industry is not admissible to __________.

Answer 5

Show that a party likely acted in accordance with that custom on occasion in question

Question 6

Evidence is __________ if it does not violate an exclusionary rule.

Answer 6

Competent

Question 7

What type of evidence can come only from someone with actual knowledge of a disputed fact by means of his senses?

Answer 7

Direct

Question 8

Where similar accidents or injuries were caused by the same event or condition as in the present case, evidence of those prior accidents or injuries is not admissible to prove that __________.

Answer 8

The D is careless

Question 9

Evidence of a party’s liability insurance is inadmissible __________.

Answer 9

where offered to show the insured’s ability to pay a substantial judgment

Question 10

Character evidence is admissible in a civil case if __________.

Answer 10

character is directly in issue

Question 11

Defendant, who is charged with murder, has pled self-defense and offered evidence that Victim was a violent person. The following is not permissible rebuttal evidence:

Answer 11

Evidence that Victim was a truthful person

Question 12

T/F: The prosecution may present evidence of the defendant’s bad character if the defendant has presented evidence of the alleged victim’s bad character for the same trait.

Answer 12

True

Question 13

In order for prior misconduct to be admissible, there must be:

Answer 13

Sufficient evidence to support a jury finding that the defendant committed the prior misconduct

Question 14

In a civil case involving sexual assault, under what circumstances will evidence offered to prove the sexual disposition or behavior of the alleged victim be admissible?

Answer 14

If it is otherwise admissible under the Federal Rules and its probative value substantially outweighs the danger of harm to the victim and of unfair prejudice to any party

Question 15

A character witness testifies as to the defendant’s good character. The prosecution cross-examines the character witness regarding the defendant’s specific instances of misconduct.
If the witness denies knowledge of the defendant’s acts, when may the prosecution seek to prove them through extrinsic evidence?

Answer 15

Never, the prosecution is limited to inquiry on cross-examination

Question 16

Once a defendant in a __________ case puts her character in issue, the other party can rebut by calling witnesses to testify about the defendant’s reputation for the same character trait.

Answer 16

Criminal

Question 17

Which legal phrase refers to a rule that requires that a particular inference be drawn from an ascertained set of facts?

Answer 17

presumption

Question 18

A court will take judicial notice of the following facts:

Answer 18

Matters of common knowledge within the community, and matters easily verified by resorting to easily accessible, well-established sources

Question 19

The parol evidence rule __________ bar admission of parol evidence to show that what appears to be a contractual obligation is, in fact, no obligation at all.

Answer 19

Does not

Question 20

atisfied. Specifically, parol evidence is admissible to establish or disprove a contract attacked on grounds of:

Answer 20

1) Fraud, duress, or undue influence inducing consent;
2) Lack of consideration;
3) Illegality of subject matter;
4) Material alteration;
5) Nondelivery, if the agreement required delivery for the instrument to be effective; or
6) Execution or delivery upon a condition precedent, as long as the parol condition does not contradict the writing. However, proof of an oral condition subsequent allegedly made at or before the time of the written contract would be barred by the rule.

Question 21

__________ is an example of a fact to which the best evidence rule applies.

Answer 21

Divorce

Question 22

Under the Federal Rules of Evidence, the question of __________ must be submitted to the judge, rather than the jury.

Answer 22

Whether oral testimony regarding an original’s contents is admissible

Question 23

he Federal Rules specifically reserve three questions of preliminary fact for the jury:

Answer 23

(i) Whether the original ever existed;
(ii) Whether a writing, recording, or photograph produced at trial is an original; and
(iii) Whether the evidence offered correctly reflects the contents of the original.

Question 24

Under the parol evidence rule, if an agreement is reduced to writing with the intent that it embody the full and final expression of the bargain, that writing is the agreement and constitutes the only evidence of it, and negotiations or agreements are inadmissible to vary the terms of the writing if they are made __________.

Answer 24

prior to or contemporaneous with the writing

Question 25

There are four basic testimonial attributes that every witness must have to some degree

Answer 25

These are the capacity to observe, to recollect, to communicate, and to appreciate the obligation to speak truthfully. A witness may be deemed incompetent because of lack of memory about the matter.

Question 26

What objections to a question must be made during deposition testimony in order to avoid waiving the objection at trial?

Answer 26

Leading; compound

Question 27

An expert may be cross-examined concerning statements contained in a scientific publication, as long as the publication is established as reliable authority.
A publication may be established as reliable by:

Answer 27

Admission of the expert, testimony of another expert, or judicial notice

Question 28

In extraordinary circumstances, prior convictions that are remote in time can be admitted, but only if

Answer 28

if the trial judge determines that the probative value of the conviction substantially outweighs its prejudicial effect. Also, the adverse party is given notice that the conviction is to be used as impeachment. Because the prejudicial effect must be “substantially” outweighed, it is not enough that the probative value of the conviction merely outweighs its prejudicial effect.

Question 29

Generally, a party may not bolster the credibility of her own witness unless the witness has already been impeached. The two exceptions to this rule are when the bolstering is relevant to show:

Answer 29

Timely complaint; prior identification

Question 30

Before a prior inconsistent statement can be proved by extrinsic evidence, two requirements must be met. They are:

Answer 30

Foundation; relevance

Question 31

Which of the following statements is true regarding the impeachment of a hearsay declarant who is not available to testify at trial?

Answer 31

An unavailable hearsay declarant may be impeached by evidence that would be admissible if the declarant had testified as a witness.

Question 32

When may the court disallow as impeachment evidence a recent prior conviction involving dishonesty or false statement?

Answer 32

Never

Question 33

Plaintiff’s witness testifies, “I saw the defendant run a red light on the way home from a video arcade.” Which of the following, if proven by extrinsic evidence, would be barred by the rule against impeachment on collateral matters?

Answer 33

Evidence that the witness previously signed a statement saying he saw the defendant run a red light on the way home from the grocery store

Question 34

Under the Federal Rules, a conviction is usually too remote to be admissible as impeachment evidence, if more than __________ years have passed since the date of conviction or release from confinement.

Answer 34

10

Question 35

The United States Supreme Court recognizes a federal privilege for communications between a licensed..

Answer 35

social worker and his client or a psychotherapist (psychiatrist or psychologist) and his client. Thus, the federal courts and virtually all of the states recognize a privilege for this type of confidential communication. In most particulars, this privilege operates in the same manner as the attorney-client privilege.

Question 36

the physician-patient privilege is most likely to apply:

Answer 36

Patient, who is now on trial for drunk driving, was taken to the hospital on the night of his arrest because he was behaving erratically. At the hospital, Doctor examines Patient for possible signs of alcohol poisoning. Patient tells Doctor that he drank 20 beers immediately prior to his arrest.

Question 37

Statements made to an attorney by an employee of a corporation:

Answer 37

Are privileged, if the corporation authorized the employee to make the statements

Question 38

In which of the following situations can the spousal immunity doctrine be asserted?

Answer 38

As to matters that took place before the marriage began

Question 39

A declarant’s __________ may be admitted as an exception to the hearsay rule only if the declarant is unavailable to testify at trial.

Answer 39

Former testimony

Question 40

Under the Federal Rules, there are two groups of hearsay exceptions—those that require the declarant be unavailable, and those under which the declarant’s availability is immaterial. The five important exceptions requiring the declarant’s unavailability are:

Answer 40

(i) former testimony, (ii) statements against interest, (iii) dying declarations, (iv) statements of personal or family history, and (v) statements offered against a party procuring the declarant’s unavailability.

Question 41

A witness testifies on direct examination that he saw defendant’s car go through a red light. When the defense counsel cross-examined the witness, she tried to imply that the witness was lying at trial because he had recently begun dating the plaintiff’s daughter. The witness then testifies on redirect examination that he told a police officer the same thing several days after the incident. This statement is:

Answer 41

Not hearsay

Question 42

The dying declaration exception to the hearsay rule applies where the statement

Answer 42

Concerns the cause or circumstances of what the declarant believed to be his impending death

Question 43

The testimony of a now-unavailable witness given under oath at another hearing or in a deposition is admissible in a subsequent trial as long as:

Answer 43

There is a sufficient similarity of parties and issues

Question 44

The first two requirements for the “catch-all” exception to the hearsay rule are (i) that the statement have circumstantial guarantees of trustworthiness, and (ii) that it be more probative as to a material fact than any other evidence the proponent can reasonably produce. What is the third requirement?

Answer 44

The proponent must give notice in advance of trial to the adverse party as to the nature of the statement

Question 45

Victim was shot dead right in front of Witness. Police Officer took Witness’s statement as to the details of the shooting and the statement is the basis for his police report.
At the subsequent murder trial, Witness’s statements in the police report are inadmissible under the business records exception for all the following reasons except for:

Answer 45

Officer and Witness are available to testify

Question 46

Under the Federal Rules, which of the following is not admissible under the official records exception to the hearsay rule?

Answer 46

A certified judgment of a civil defendant’s acquittal in a prior criminal case.

Question 47

How old must an authenticated document be for statements within it to be admissible under the “ancient documents” exception to the hearsay rule?

Answer 47

20 years

Question 48

The Confrontation Clause prevents the prosecution in a criminal case from introducing testimonial hearsay evidence against a defendant unless:

Answer 48

The declarant is unavailable, and the defendant had a prior opportunity to cross-examine the declarant about the statement

Question 49

The statement against interest exception to the hearsay rule requires that the statement be against the declarant’s interest:

Answer 49

When made.. A statement of a person, now unavailable as a witness, against that person’s pecuniary, proprietary, or penal interest when made, is admissible under the statement against interest exception to the hearsay rule.

Question 50

Under the Federal Rules, the absence of a business record can be admissible to prove the nonoccurrence of a matter, if:

Answer 50

It was the regular practice of the business to record all such matters

Question 51

After Victim was injured in a bar fight, Officer arrived and drafted her police report based entirely on Witness’s account of the fight. Both Officer and Witness are available for trial.
The police report is inadmissible under the business records exception in the civil battery trial because __________.

Answer 51

witness was not under a business duty to transmit the information to Officer

Question 52

To be admissible, a business record must be made

Answer 52

in the regular course of any business, where it was the regular course of such business to make the record at the time of the transaction or within a reasonable time thereafter. Also, the record must consist of matters within the personal knowledge of the entrant or within the personal knowledge of someone with a business duty to transmit such matters to the entrant.

Question 53

All of the following can qualify as a “statement” for purposes of the hearsay rule:

Answer 53

Oral declarations; writings; assertive conduct

Question 54

Under the Federal Rules, when offered to prove the truth of the matter asserted, a witness’s prior inconsistent statement made at a deposition is:

Answer 54

Not hearsay

Question 55

Under the Federal Rules, a certified copy of a felony conviction is admissible as an exception to the hearsay rule in __________ to prove any fact essential to the judgment.

Answer 55

Both civil and criminal cases