AL Bar Evidence 2

Question 1

Under the attorney-client privilege, communications are protected if they are:

Accepted Answer

Confidential communications between client and attorney for the purpose of seeking legal advice

Answer

Made by the client to any attorney for any purpose

Answer

Made in writing only

Answer

Witnessed by the attorney's staff

Question 2

The work-product doctrine protects from discovery materials prepared by an attorney:

Accepted Answer

In anticipation of litigation or for trial preparation

Answer

At any time for any purpose

Answer

Only after a lawsuit is filed

Answer

Only if the materials are marked confidential

Question 3

Relevant evidence may be excluded under FRE 403 when its probative value is substantially outweighed by the danger of:

Accepted Answer

Unfair prejudice, confusing the issues, misleading the jury, undue delay, or wasting time

Answer

Being cumulative alone

Answer

Being disbelieved by the jury

Answer

Exceeding the scope of direct examination

Question 4

Under FRE 613, prior inconsistent statements are used in cross-examination primarily to:

Accepted Answer

Impeach the witness's credibility by showing inconsistency

Answer

Prove the truth of the prior statement

Answer

Refresh the witness's recollection

Answer

Establish the witness was unavailable at trial

Question 5

The dying declaration exception to hearsay (FRE 804(b)(2)) requires the declarant to have:

Accepted Answer

Believed death was imminent and made the statement about the cause or circumstances of death or injury

Answer

Actually died before trial

Answer

Made the statement to law enforcement

Answer

Been competent to testify at the time

Question 6

Authentication of a document under FRE 901 requires the proponent to produce evidence sufficient to support a finding that:

Accepted Answer

The item is what the proponent claims it to be

Answer

The document is genuine beyond a reasonable doubt

Answer

An expert has verified the document

Answer

The document was created by the opposing party