CT Bar Evidence 1 — Questions and Answers
Question 1: Under the Federal Rules of Evidence, evidence is relevant if it has what effect on a fact of consequence?
- It proves the fact conclusively
- It makes the fact more or less probable than without the evidence (Correct answer)
- It is corroborated by a second witness
- It was obtained through lawful means
Correct answer: It makes the fact more or less probable than without the evidence
FRE 401 defines relevant evidence as that which makes a fact of consequence more or less probable than it would be without the evidence.
Question 2: A statement qualifies as hearsay when it is an out-of-court statement offered for what purpose?
- To impeach the credibility of the declarant
- To prove the truth of the matter asserted (Correct answer)
- To establish the declarant's state of mind
- To authenticate a document
Correct answer: To prove the truth of the matter asserted
Under FRE 801(d), hearsay is defined as an out-of-court statement offered to prove the truth of the matter asserted.
Question 3: Under the excited utterance exception to hearsay (FRE 803(2)), a statement is admissible if it relates to a startling event and is made:
- Immediately within one hour of the event
- While the declarant is under the stress of excitement caused by the event (Correct answer)
- To a law enforcement officer responding to the scene
- In writing and signed by the declarant
Correct answer: While the declarant is under the stress of excitement caused by the event
FRE 803(2) requires the statement to relate to a startling event and be made while the declarant was still under the stress of excitement it caused.
Question 4: The original writing rule (FRE 1002) generally requires production of the original document when a party seeks to:
- Introduce any physical evidence at trial
- Prove the contents of the writing (Correct answer)
- Authenticate a business record
- Establish chain of custody
Correct answer: Prove the contents of the writing
FRE 1002 requires the original document to be produced when a party seeks to prove its contents, subject to exceptions for duplicates and unavailable originals.
Question 5: Under FRE 404(b), evidence of a defendant's prior bad acts is generally inadmissible to prove character but may be admitted to prove:
- The defendant's general propensity for criminal behavior
- Motive, intent, plan, knowledge, identity, or absence of mistake (Correct answer)
- The defendant's likelihood of recidivism
- That the defendant acted in conformity with a bad character trait
Correct answer: Motive, intent, plan, knowledge, identity, or absence of mistake
FRE 404(b) bars propensity evidence but permits prior bad acts evidence for specific purposes including motive, intent, plan, knowledge, identity, and absence of mistake.
Question 6: The psychotherapist-patient privilege in federal proceedings was recognized by the Supreme Court in Jaffee v. Redmond (1996) under which rule?
- FRE 503
- FRE 501 (Correct answer)
- FRE 601
- FRE 407
Correct answer: FRE 501
The Supreme Court in Jaffee v. Redmond (1996) recognized the psychotherapist-patient privilege under FRE 501, which delegates privilege questions to common law principles.
Question 7: Under FRE 407, evidence of subsequent remedial measures is inadmissible to prove negligence, but may be admitted to prove:
- The defendant's knowledge of the risk before the accident
- Ownership, control, or feasibility of precautionary measures if disputed (Correct answer)
- That the product was defective at the time of sale
- The plaintiff suffered damages as a result of the incident
Correct answer: Ownership, control, or feasibility of precautionary measures if disputed
FRE 407 excludes subsequent remedial measures to prove fault but permits their admission to prove ownership, control, or feasibility when those issues are genuinely disputed.
CT Bar Evidence 1
Under the Federal Rules of Evidence, evidence is relevant if it has what effect on a fact of consequence?