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Evidence Flashcards

6 cards from real AR 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

  1. Under Arkansas Rule of Evidence 407, evidence of subsequent remedial measures is generally inadmissible to prove:

    Answer: Negligence or culpable conduct

    Rule 407 excludes subsequent remedial measures to prove negligence or culpability, encouraging parties to fix hazards without fear that the repair will be used against them.

  2. Under Arkansas Rule of Evidence 609, a prior felony conviction may be used to impeach a witness if:

    Answer: The probative value of admitting the evidence outweighs its prejudicial effect to the defendant

    Prior felony convictions are admissible for impeachment subject to the Rule 403 balancing test, with special protection for criminal defendants.

  3. Under Arkansas Rule of Evidence 615, sequestration of witnesses means:

    Answer: The court may order witnesses excluded from the courtroom while other witnesses testify

    Rule 615 allows the court to exclude witnesses from the courtroom so they cannot hear other witnesses' testimony and shape their own.

  4. Under Arkansas Rule of Evidence 408, evidence of settlement offers or negotiations is inadmissible to prove:

    Answer: Liability or the validity or amount of a claim

    Rule 408 protects settlement communications from admission to prove liability, encouraging parties to negotiate freely.

  5. Under Arkansas Rule of Evidence 702, expert testimony is admissible if:

    Answer: The expert's scientific or technical knowledge will help the trier of fact and the testimony is based on sufficient facts and reliable principles

    Rule 702 requires that expert testimony be helpful to the fact-finder, based on sufficient facts or data, and the product of reliable principles and methods.

  6. Under Arkansas Rule of Evidence 803(2), an excited utterance is admissible hearsay if:

    Answer: Made while the declarant was under the stress of excitement caused by a startling event

    The excited utterance exception requires a startling event and a statement made while the declarant was still under the excitement caused by that event.