AZ Bar Evidence 1 — Questions and Answers
Question 1: Under the Federal Rules of Evidence, which type of evidence is defined as testimony, writings, or other material offered to prove the truth of the matter asserted?
- Circumstantial evidence
- Hearsay (Correct answer)
- Character evidence
- Demonstrative evidence
Correct answer: Hearsay
Hearsay is an out-of-court statement offered to prove the truth of the matter asserted, and is generally inadmissible under FRE 801-802.
Question 2: Which hearsay exception allows admission of a statement made by a declarant who is unavailable, if the statement was against the declarant's penal or pecuniary interest when made?
- Excited utterance
- Dying declaration
- Statement against interest (Correct answer)
- Present sense impression
Correct answer: Statement against interest
FRE 804(b)(3) allows admission of statements against interest when the declarant is unavailable and the statement was against their proprietary, pecuniary, or penal interest.
Question 3: Under FRE 404(b), evidence of a defendant's prior bad acts is generally inadmissible to prove character but may be admissible to prove:
- That the defendant acted in conformity with past behavior
- Motive, opportunity, intent, knowledge, identity, or absence of mistake (Correct answer)
- The defendant's bad reputation in the community
- The probability that the defendant committed the crime charged
Correct answer: Motive, opportunity, intent, knowledge, identity, or absence of mistake
Rule 404(b) lists non-character purposes — including proof of motive, intent, knowledge, and identity — for which prior acts evidence may be admitted.
Question 4: The best evidence rule (FRE 1002) requires that, to prove the content of a writing, recording, or photograph, a party must produce:
- At least two witnesses who saw the original
- The original document or an admissible duplicate (Correct answer)
- A certified copy authenticated by a notary
- A summary prepared by a qualified expert
Correct answer: The original document or an admissible duplicate
FRE 1002 requires production of the original writing, recording, or photograph to prove its contents unless an exception applies.
Question 5: Expert witness testimony is admissible under FRE 702 if the testimony is based on sufficient facts and a reliable methodology, and if:
- The expert is licensed in the relevant field
- The expert's scientific, technical, or other knowledge will help the trier of fact (Correct answer)
- The expert has testified in prior cases
- The testimony is undisputed by other experts
Correct answer: The expert's scientific, technical, or other knowledge will help the trier of fact
FRE 702 requires that expert testimony assist the trier of fact to understand evidence or determine a fact in issue, applying a reliable methodology to sufficient facts.
Question 6: Which privilege protects confidential communications between an attorney and client made for the purpose of obtaining legal advice?
- Work product doctrine
- Attorney-client privilege (Correct answer)
- Spousal privilege
- Priest-penitent privilege
Correct answer: Attorney-client privilege
The attorney-client privilege shields confidential communications between counsel and client made for the purpose of seeking or providing legal advice from compelled disclosure.
AZ Bar Evidence 1
Under the Federal Rules of Evidence, which type of evidence is defined as testimony, writings, or other material offered to prove the truth of the matter asserted?