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

The attorney-client privilege protects confidential communications between a client and attorney made for the purpose of obtaining legal counsel.

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

FRCP 26(b)(3) and the work-product doctrine shield documents and tangible things prepared in anticipation of litigation or for trial preparation.

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

FRE 403 permits exclusion when probative value is substantially outweighed by unfair prejudice, confusion, misleading the jury, or needless waste of time.

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

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.

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

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.

AL Bar - Alabama Bar Exam Practice Test

AL Bar - Alabama Bar Exam Practice Test

AL Bar Evidence 2