CT Bar Evidence 2 — Questions and Answers
Question 1: Under FRE 602, a lay witness may testify about a matter only if they have what foundation?
- Expert qualifications in the relevant field
- Personal knowledge of the matter (Correct answer)
- Corroborating documentary evidence
- Prior sworn testimony on the same subject
Correct answer: Personal knowledge of the matter
FRE 602 requires that a lay witness have personal knowledge of the matter about which they testify, ensuring testimony is grounded in direct experience.
Question 2: For a lay witness to offer opinion testimony under FRE 701, the opinion must NOT be based on what type of knowledge?
- Rational perception from personal observation
- Scientific, technical, or other specialized knowledge (Correct answer)
- Information helpful to the trier of fact
- The witness's direct sensory experience
Correct answer: Scientific, technical, or other specialized knowledge
FRE 701(c) requires that lay opinion not be based on scientific, technical, or specialized knowledge, which is reserved for expert witnesses governed by FRE 702.
Question 3: The business records exception to hearsay (FRE 803(6)) requires that the record be made:
- By a government agency in the regular performance of its duties
- At or near the time of the event by someone with knowledge, in the regular course of business (Correct answer)
- By the party introducing the evidence
- Within 72 hours of the business transaction
Correct answer: At or near the time of the event by someone with knowledge, in the regular course of business
FRE 803(6) requires the record to be made at or near the time of the event by someone with knowledge, and to be kept in the regular course of business activity.
Question 4: The attorney-client privilege protects which category of communications?
- All documents stored in an attorney's office files
- Confidential communications between attorney and client made for the purpose of obtaining legal advice (Correct answer)
- Communications between co-defendants in a criminal proceeding
- Any statement made by a client in the presence of their attorney
Correct answer: Confidential communications between attorney and client made for the purpose of obtaining legal advice
The attorney-client privilege applies to confidential communications between attorney and client made for the purpose of seeking or providing legal advice; it does not cover all documents or communications.
Question 5: Under FRE 901, authentication of a document or item requires:
- A notary's seal or official certification
- Evidence sufficient to support a finding that the item is what the proponent claims (Correct answer)
- Testimony from the creator of the document
- Chain of custody documentation for the entire period
Correct answer: Evidence sufficient to support a finding that the item is what the proponent claims
FRE 901 requires only sufficient evidence to support a finding that the item is what the proponent claims; the ultimate determination of genuineness is left to the jury.
Question 6: Learned treatises may be used to cross-examine an expert witness under FRE 803(18) when the treatise is:
- Authored by the expert being cross-examined
- Established as reliable by the expert, another expert, or judicial notice (Correct answer)
- Admitted into evidence as a full exhibit for the jury
- Published within the past ten years
Correct answer: Established as reliable by the expert, another expert, or judicial notice
FRE 803(18) allows learned treatises in cross-examination if established as reliable by any expert or by judicial notice, even if the expert being examined did not rely on it.
Question 7: Under FRE 412 (the Rape Shield Rule), evidence of an alleged victim's past sexual behavior is generally inadmissible but may be admitted in a criminal case to:
- Prove that the victim consented to sexual activity with the defendant
- Prove the source of physical evidence such as semen or injury (Correct answer)
- Show that the victim has a history of making false allegations
- Establish the victim's character for truthfulness
Correct answer: Prove the source of physical evidence such as semen or injury
FRE 412 provides a narrow exception allowing evidence of past sexual behavior in criminal cases to prove the source of physical evidence (e.g., semen, pregnancy, injury) or when exclusion would violate the defendant's constitutional rights.
CT Bar Evidence 2
Under FRE 602, a lay witness may testify about a matter only if they have what foundation?