ACP Evidence & Discovery Management

Question 1

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

Accepted Answer

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

Answer

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.

Question 2

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

Accepted Answer

Unfair prejudice, confusing the issues, or misleading the jury

Answer

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.

Question 3

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

Accepted Answer

Expert opinion testimony (FRE 702)

Answer

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.

Question 4

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

Accepted Answer

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

Answer

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.

Question 5

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

Accepted Answer

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

Answer

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.

(ACP) Advanced Certified Paralegal Practice Test

(ACP) Advanced Certified Paralegal Practice Test

ACP Evidence & Discovery Management