Evidence Flashcards
6 cards from real AL BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Evidence flashcards as text
Under the attorney-client privilege, communications are protected if they are:
Answer: Confidential communications between client and attorney for the purpose of seeking legal advice
The attorney-client privilege protects confidential communications between a client and attorney made for the purpose of obtaining legal counsel.
The work-product doctrine protects from discovery materials prepared by an attorney:
Answer: In anticipation of litigation or for trial preparation
FRCP 26(b)(3) and the work-product doctrine shield documents and tangible things prepared in anticipation of litigation or for trial preparation.
Relevant evidence may be excluded under FRE 403 when its probative value is substantially outweighed by the danger of:
Answer: Unfair prejudice, confusing the issues, misleading the jury, undue delay, or wasting time
FRE 403 permits exclusion when probative value is substantially outweighed by unfair prejudice, confusion, misleading the jury, or needless waste of time.
Under FRE 613, prior inconsistent statements are used in cross-examination primarily to:
Answer: Impeach the witness's credibility by showing inconsistency
Prior inconsistent statements are admissible under FRE 613 to impeach the witness by demonstrating inconsistency, not as substantive proof of the earlier statement's truth.
The dying declaration exception to hearsay (FRE 804(b)(2)) requires the declarant to have:
Answer: Believed death was imminent and made the statement about the cause or circumstances of death or injury
FRE 804(b)(2) requires the declarant to have believed death was impending and the statement must concern the cause or circumstances of the expected death.
Authentication of a document under FRE 901 requires the proponent to produce evidence sufficient to support a finding that:
Answer: The item is what the proponent claims it to be
FRE 901 requires only enough evidence to allow a reasonable jury to conclude the item is what the proponent claims; absolute certainty is not required.