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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 401, relevant evidence is evidence that:

    Answer: Has any tendency to make a fact of consequence more or less probable than it would be without the evidence

    Relevance under Rule 401 is a low threshold — any tendency to make a consequential fact more or less probable qualifies.

  2. Under Arkansas Rule of Evidence 403, otherwise relevant evidence may be excluded if:

    Answer: Its probative value is substantially outweighed by the danger of unfair prejudice, confusion, or misleading the jury

    Rule 403 allows exclusion when probative value is substantially outweighed by unfair prejudice, confusion of issues, or misleading the jury.

  3. Under Arkansas Rule of Evidence 801(d)(2), an admission by a party-opponent is defined as:

    Answer: A statement offered against a party that is the party's own statement

    A party admission under Rule 801(d)(2) is a statement made by the party and offered against that party — it is defined as non-hearsay.

  4. Under Arkansas Rule of Evidence 606(b), juror testimony about deliberations is generally:

    Answer: Inadmissible except to prove extraneous prejudicial information was improperly brought to the jury

    Rule 606(b) bars juror testimony about deliberations to impeach a verdict, with a narrow exception for extraneous prejudicial information or outside influence.

  5. Under Arkansas Rule of Evidence 901, authentication of a document requires:

    Answer: Evidence sufficient to support a finding that the item is what the proponent claims it to be

    Authentication is satisfied by sufficient evidence that the item is what the proponent claims — this is a low threshold met by circumstantial evidence.

  6. Under Arkansas Rule of Evidence 804(b)(2), a dying declaration is admissible in a civil case if the declarant:

    Answer: Believed death was imminent and the statement concerned the cause or circumstances of that death

    The dying declaration exception requires the declarant's belief in imminent death and a statement about the cause or circumstances of that anticipated death.