AZ Bar Evidence 2

Question 1

Under FRE 803(2), an excited utterance is a statement relating to a startling event made:

Accepted Answer

While the declarant was under the stress of excitement caused by the event

Answer

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.

Question 2

Lay witness opinion testimony is admissible under FRE 701 if it is:

Accepted Answer

Rationally based on the witness's perception and helpful to understand testimony

Answer

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.

Question 3

Under FRE 609, a witness's prior conviction is admissible for impeachment if it was a crime involving dishonesty or false statement, regardless of:

Accepted Answer

Whether it resulted in imprisonment over one year

Answer

Crimes involving dishonesty or false statement (crimen falsi) are admissible for impeachment without the one-year imprisonment threshold that applies to other crimes.

Question 4

The Confrontation Clause of the Sixth Amendment limits admission of which type of hearsay statements in criminal cases?

Accepted Answer

Testimonial hearsay statements from unavailable declarants who were not cross-examined

Answer

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.

Question 5

Under FRE 407, subsequent remedial measures are generally inadmissible to prove:

Accepted Answer

Negligence or culpable conduct in connection with the event

Answer

Rule 407 bars subsequent remedial measures as proof of negligence or culpable conduct, though they may be admitted to prove ownership, control, or feasibility.

AZ Bar - Arizona Bar Exam Practice Test

AZ Bar - Arizona Bar Exam Practice Test

AZ Bar Evidence 2