CT Bar Evidence 2

Question 1

Under FRE 602, a lay witness may testify about a matter only if they have what foundation?

Accepted Answer

Personal knowledge of the matter

Answer

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?

Accepted Answer

Scientific, technical, or other specialized knowledge

Answer

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:

Accepted Answer

At or near the time of the event by someone with knowledge, in the regular course of business

Answer

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?

Accepted Answer

Confidential communications between attorney and client made for the purpose of obtaining legal advice

Answer

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:

Accepted Answer

Evidence sufficient to support a finding that the item is what the proponent claims

Answer

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.

(CT Bar) Connecticut Bar Exam Practice Test

(CT Bar) Connecticut Bar Exam Practice Test

CT Bar Evidence 2