CLA/CP Exam Evidence and Discovery 2 — Questions and Answers
Question 1: The attorney-client privilege protects confidential communications between attorney and client made for what primary purpose?
- Social or personal interaction
- Obtaining or providing legal advice (Correct answer)
- Business negotiations with third parties
- Communicating with opposing counsel
Correct answer: Obtaining or providing legal advice
The attorney-client privilege protects confidential communications made between attorney and client for the purpose of obtaining or providing legal advice.
Question 2: A motion in limine is typically filed to accomplish which of the following?
- Request a continuance of the trial date
- Dismiss the case before trial
- Exclude certain evidence before it is presented at trial (Correct answer)
- Compel the opposing party to respond to discovery
Correct answer: Exclude certain evidence before it is presented at trial
A motion in limine is a pretrial motion seeking a court ruling to exclude specific evidence from being introduced or mentioned during trial.
Question 3: Circumstantial evidence differs from direct evidence in that it requires which additional step by the fact-finder?
- It must be corroborated by at least one other witness
- An inference must be drawn to connect it to the fact in issue (Correct answer)
- It must be presented through an expert witness
- It must be reduced to writing and authenticated
Correct answer: An inference must be drawn to connect it to the fact in issue
Circumstantial evidence requires the fact-finder to draw an inference to connect the evidence to the conclusion, unlike direct evidence which directly proves a fact.
Question 4: Under FRCP 36, if a party fails to respond to requests for admission within the prescribed time, what is the consequence?
- The party must file a motion to extend time
- The party must provide verified denials
- The matters requested are deemed admitted (Correct answer)
- The court schedules a hearing on the admissions
Correct answer: The matters requested are deemed admitted
Under FRCP 36, failure to respond to requests for admission within the prescribed time results in the matters being automatically deemed admitted.
Question 5: The best evidence rule under FRE 1002 generally requires which of the following to prove the content of a writing?
- A certified copy authenticated by a notary
- The original document itself (Correct answer)
- Testimony from the author of the document
- Two independent witnesses to its contents
Correct answer: The original document itself
FRE 1002 requires that the original document be produced to prove its content, unless an applicable exception permits secondary evidence.
Question 6: Impeachment of a witness at trial is done primarily to accomplish which goal?
- Remove the witness from the courtroom permanently
- Challenge the witness's credibility or truthfulness (Correct answer)
- Compel the witness to testify more favorably
- Qualify the witness to offer expert opinions
Correct answer: Challenge the witness's credibility or truthfulness
Impeachment is the process of attacking a witness's credibility or truthfulness through methods such as prior inconsistent statements, bias, or prior convictions.
Question 7: Chain of custody documentation is most critical when dealing with which type of evidence?
- Testimonial evidence from eyewitnesses
- Physical or tangible evidence (Correct answer)
- Expert witness opinion testimony
- Business records submitted under FRE 803(6)
Correct answer: Physical or tangible evidence
Chain of custody documents the continuous possession and handling of physical evidence to ensure its integrity and authenticity from collection through trial.
CLA/CP Exam Evidence and Discovery 2
The attorney-client privilege protects confidential communications between attorney and client made for what primary purpose?