Evidence Flashcards
6 cards from real AZ 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
Under FRE 803(2), an excited utterance is a statement relating to a startling event made:
Answer: While the declarant was under the stress of excitement caused by the event
The excited utterance exception under FRE 803(2) applies to statements made while the declarant was still under the stress or excitement of a startling event.
Lay witness opinion testimony is admissible under FRE 701 if it is:
Answer: Rationally based on the witness's perception and helpful to understand testimony
FRE 701 allows lay witnesses to give opinion testimony that is rationally based on personal perception and helpful to understanding their testimony or determining a fact.
Under FRE 609, a witness's prior conviction is admissible for impeachment if it was a crime involving dishonesty or false statement, regardless of:
Answer: Whether it resulted in imprisonment over one year
Crimes involving dishonesty or false statement (crimen falsi) are admissible for impeachment without the one-year imprisonment threshold that applies to other crimes.
The Confrontation Clause of the Sixth Amendment limits admission of which type of hearsay statements in criminal cases?
Answer: Testimonial hearsay statements from unavailable declarants who were not cross-examined
After Crawford v. Washington, the Confrontation Clause bars admission of testimonial hearsay unless the declarant is unavailable and the defendant had a prior opportunity to cross-examine.
Under FRE 407, subsequent remedial measures are generally inadmissible to prove:
Answer: Negligence or culpable conduct in connection with the event
Rule 407 bars subsequent remedial measures as proof of negligence or culpable conduct, though they may be admitted to prove ownership, control, or feasibility.
Judicial notice under FRE 201 allows a court to accept as established facts that are:
Answer: Not subject to reasonable dispute and either generally known or accurately determinable
FRE 201 allows judicial notice of adjudicative facts not subject to reasonable dispute because they are commonly known or can be accurately determined from reliable sources.