Evidence Flashcards

Under the Arkansas Rules of Evidence, which of the following is NOT hearsay?

Answer: A prior inconsistent statement made under oath at a prior proceeding

Under ARe Rule 801(d)(1), a prior inconsistent statement made under oath at a prior proceeding is defined as non-hearsay and is admissible as substantive evidence.

Under Arkansas Rule of Evidence 404(b), evidence of prior bad acts may be admissible to prove:

Answer: Motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake

Rule 404(b) prohibits prior bad acts to prove propensity but allows them to prove motive, intent, plan, knowledge, identity, or absence of mistake or accident.

Under Arkansas Rule of Evidence 701, lay witness opinion testimony is admissible if it is:

Answer: Rationally based on the witness's own perception and helpful to the trier of fact

Lay opinion under Rule 701 must be rationally based on the witness's firsthand perception and helpful in understanding the testimony or a fact in issue.

Under Arkansas Rule of Evidence 501, attorney-client privilege in state civil proceedings is governed by:

Answer: Arkansas state law

In state court proceedings, privilege questions are governed by Arkansas state law, not federal common law.

The 'best evidence rule' under Arkansas Rule of Evidence 1002 requires:

Answer: An original document when its contents are at issue

Rule 1002 requires production of the original writing, recording, or photograph to prove its contents, unless an exception applies.

Under Arkansas Rule of Evidence 803(6), a business record is admissible as an exception to hearsay if it was made:

Answer: In the regular course of business at or near the time of the event by someone with personal knowledge

The business records exception requires the record to be made near the time of the event by someone with personal knowledge, in the regular course of a business activity.