AR Bar Evidence 2 — Questions and Answers
Question 1: Under Arkansas Rule of Evidence 407, evidence of subsequent remedial measures is generally inadmissible to prove:
- The plaintiff's comparative fault
- Negligence or culpable conduct (Correct answer)
- The date of the accident
- The identity of witnesses
Correct 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.
Question 2: Under Arkansas Rule of Evidence 609, a prior felony conviction may be used to impeach a witness if:
- The crime was any misdemeanor
- The probative value of admitting the evidence outweighs its prejudicial effect to the defendant (Correct answer)
- The crime was committed in another state
- The conviction is over 15 years old
Correct 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.
Question 3: Under Arkansas Rule of Evidence 615, sequestration of witnesses means:
- Witnesses must be paid a sequestration fee
- The court may order witnesses excluded from the courtroom while other witnesses testify (Correct answer)
- Witnesses must be sworn in pairs
- Only expert witnesses may be excluded
Correct 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.
Question 4: Under Arkansas Rule of Evidence 408, evidence of settlement offers or negotiations is inadmissible to prove:
- Witness credibility
- Liability or the validity or amount of a claim (Correct answer)
- The statute of limitations
- The identity of the parties
Correct 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.
Question 5: Under Arkansas Rule of Evidence 702, expert testimony is admissible if:
- The expert has a doctoral degree
- The expert's scientific or technical knowledge will help the trier of fact and the testimony is based on sufficient facts and reliable principles (Correct answer)
- The expert has testified in at least five prior cases
- The expert is licensed in Arkansas
Correct 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.
Question 6: Under Arkansas Rule of Evidence 803(2), an excited utterance is admissible hearsay if:
- Made by a medical professional
- Made while the declarant was under the stress of excitement caused by a startling event (Correct answer)
- Recorded on video
- Made at least one hour after the event
Correct 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.
AR Bar Evidence 2
Under Arkansas Rule of Evidence 407, evidence of subsequent remedial measures is generally inadmissible to prove: