CLA/CP Exam Evidence and Discovery 1 — Questions and Answers
Question 1: Under the Federal Rules of Evidence, hearsay is defined as an out-of-court statement offered to prove what?
- The truth of the matter asserted (Correct answer)
- The credibility of the declarant
- The identity of the speaker
- The existence of a legal duty
Correct answer: The truth of the matter asserted
FRE 801 defines hearsay as an out-of-court statement offered to prove the truth of the matter asserted.
Question 2: Which discovery method consists of written questions that must be answered under oath by the opposing party?
- Depositions
- Interrogatories (Correct answer)
- Requests for Production
- Requests for Admission
Correct answer: Interrogatories
Interrogatories under FRCP 33 are written questions submitted to the opposing party that must be answered in writing under oath.
Question 3: The work product doctrine primarily protects which of the following from discovery?
- All communications between attorney and client
- Physical evidence gathered at a crime scene
- Materials prepared by an attorney in anticipation of litigation (Correct answer)
- Statements made by witnesses to police
Correct answer: Materials prepared by an attorney in anticipation of litigation
The work product doctrine, codified in FRCP 26(b)(3), protects materials an attorney prepares in anticipation of litigation from discovery by the opposing party.
Question 4: Under the Federal Rules of Civil Procedure, a party generally has how many days to respond to interrogatories after being served?
- 15 days
- 20 days
- 30 days (Correct answer)
- 45 days
Correct answer: 30 days
FRCP 33(b)(2) requires a party to serve answers to interrogatories within 30 days after being served with them.
Question 5: A subpoena duces tecum commands a person to do which of the following?
- Appear and testify at a deposition or trial
- Produce documents, records, or other tangible items (Correct answer)
- Submit to a physical or mental examination
- Answer written interrogatories under oath
Correct answer: Produce documents, records, or other tangible items
A subpoena duces tecum is a court order requiring a person to produce specified documents, records, or tangible items for inspection or use as evidence.
Question 6: Under FRE 401, evidence is relevant if it has what effect on a fact of consequence in the action?
- Makes the fact certain beyond a reasonable doubt
- Makes the fact more or less probable than it would be without the evidence (Correct answer)
- Conclusively establishes the fact
- Creates a legal presumption about the fact
Correct answer: Makes the fact more or less probable than it would be without the evidence
FRE 401 defines relevant evidence as having any tendency to make a fact more or less probable than it would be without the evidence.
Question 7: In a deposition, the witness who is questioned under oath is specifically called the:
- Affiant
- Deponent (Correct answer)
- Declarant
- Respondent
Correct answer: Deponent
In a deposition, the person being questioned under oath is called the deponent, and their sworn testimony is transcribed for use in litigation.
CLA/CP Exam Evidence and Discovery 1
Under the Federal Rules of Evidence, hearsay is defined as an out-of-court statement offered to prove what?