Evidence & Discovery Management Flashcards

Under FRE 401, which of the following best defines 'relevant evidence'?

Answer: Evidence having any tendency to make a fact of consequence more or less probable than it would be without the evidence

FRE 401 defines relevant evidence as evidence having any tendency to make a fact of consequence more or less probable than it would be without the evidence.

Under FRE 403, a court may exclude relevant evidence when its probative value is substantially outweighed by the danger of:

Answer: Unfair prejudice, confusing the issues, or misleading the jury

FRE 403 permits exclusion when probative value is substantially outweighed by dangers of unfair prejudice, confusion of the issues, misleading the jury, undue delay, wasting time, or needless cumulative evidence.

Which of the following is NOT a recognized exception to the hearsay rule under the Federal Rules of Evidence?

Answer: Expert opinion testimony (FRE 702)

Expert opinion testimony is governed by FRE 702–705 as a separate evidentiary framework, not as a hearsay exception; the others are all established hearsay exceptions.

What is the primary purpose of maintaining a chain of custody for physical evidence?

Answer: To establish that the evidence has not been tampered with, altered, or contaminated

Chain of custody provides chronological documentation of who controlled evidence from collection to trial, establishing integrity and supporting admissibility by showing no tampering or contamination occurred.

Under FRE 702 and the Daubert standard, expert witness testimony is admissible only if the expert's opinion is based on:

Answer: Sufficient facts or data, reliable principles and methods, and proper application of those methods to the facts

Under FRE 702 as interpreted by Daubert v. Merrell Dow Pharmaceuticals, expert testimony must rest on sufficient facts, reliable methodology, and a reliable application of that methodology to the case facts.

Which of the following best describes 'hearsay' as defined in FRE 801?

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

FRE 801 defines hearsay as a statement made outside the current trial or hearing and offered to prove the truth of the matter asserted in the statement.

The best evidence rule (FRE 1002) requires that, to prove the content of a writing, recording, or photograph, a party must produce:

Answer: The original document, recording, or photograph unless unavailability is established

FRE 1002 requires production of the original writing, recording, or photograph to prove its content; secondary evidence is generally inadmissible unless the original is shown to be unavailable.