CLA/CP Exam Evidence and Discovery 3

Question 1

Under FRE 702, an expert witness may offer opinion testimony when which primary condition is satisfied?

Accepted Answer

The expert's specialized knowledge will help the fact-finder understand the evidence or determine a fact

Answer

The expert is personally familiar with the parties in the case

Answer

The expert has testified in at least five prior court proceedings

Answer

The expert holds a professional license in the relevant field

Question 2

Under the Daubert standard, the trial judge serves in what function regarding the admissibility of expert testimony?

Accepted Answer

Gatekeeper who screens the reliability of expert evidence

Answer

Advocate for the expert's chosen methodology

Answer

Fact-finder who weighs competing expert opinions

Answer

Arbitrator between opposing expert witnesses

Question 3

Spoliation of evidence is best defined as which of the following?

Accepted Answer

Destruction, alteration, or failure to preserve evidence relevant to anticipated litigation

Answer

Improper production of privileged documents during discovery

Answer

Introduction of fabricated evidence at trial

Answer

Unauthorized disclosure of work product materials

Question 4

A protective order in discovery under FRCP 26(c) is typically sought to accomplish which purpose?

Accepted Answer

Limit or prevent disclosure of sensitive or confidential information

Answer

Prevent a party from filing additional discovery requests

Answer

Compel a party to respond to outstanding discovery

Answer

Extend the deadline to respond to a discovery request

Question 5

Electronically Stored Information (ESI) in federal civil discovery is primarily governed by which rules?

Accepted Answer

FRCP 26 and FRCP 34

Answer

FRCP 16 and FRE 901

Answer

FRE 803 and FRCP 12(b)(6)

Answer

FRCP 45 and FRE 1002

Question 6

The parol evidence rule prevents parties from using extrinsic evidence to do which of the following?

Accepted Answer

Contradict or vary the terms of a fully integrated written contract

Answer

Explain the meaning of ambiguous terms in a contract

Answer

Establish the existence of a separate oral agreement on a different subject

Answer

Prove fraudulent inducement into a contract

Question 7

Judicial notice under FRE 201 allows a court to accept a fact as established without formal proof when the fact is:

Accepted Answer

Generally known within the jurisdiction or capable of accurate and ready determination from reliable sources

Answer

Supported by at least two credible and unimpeached witnesses

Answer

Stipulated to by both parties on the record

Answer

Established by controlling precedent in the same jurisdiction