CT Bar Evidence 3

Question 1

Under FRE 609, a prior felony conviction may be used to impeach a non-defendant witness's credibility when:

Accepted Answer

The conviction occurred within the past 10 years and its probative value outweighs prejudicial effect

Answer

The conviction was for any crime involving moral turpitude

Answer

The witness was convicted of the same type of crime as at issue in the current case

Answer

The prior conviction was appealed but not yet reversed

Question 2

A prior inconsistent statement made under oath at a prior trial, hearing, or deposition is treated under FRE 801(d)(1)(A) as:

Accepted Answer

Non-hearsay, admissible as substantive evidence

Answer

Inadmissible hearsay regardless of where it was made

Answer

Admissible only to impeach the witness, not as substantive evidence

Answer

Admissible only if the witness acknowledges making the prior statement

Question 3

In Connecticut, the marital communications privilege generally protects:

Accepted Answer

Confidential communications made between spouses during the marriage

Answer

All conversations between spouses at any time

Answer

Testimony by one spouse against the other in any civil proceeding

Answer

Communications made before the marriage if related to marital plans

Question 4

Under FRE 803(4), statements made for purposes of medical diagnosis or treatment are admissible as an exception to hearsay. This exception includes statements describing:

Accepted Answer

The cause of an injury if relevant to diagnosis or treatment

Answer

Only the physical symptoms of the declarant's condition

Answer

The identity of the person who caused the injury

Answer

Only statements made to the treating physician, not consulting physicians

Question 5

The work product doctrine, as codified in FRCivP 26(b)(3), protects from discovery:

Accepted Answer

Documents and tangible things prepared in anticipation of litigation by or for a party or its representative

Answer

All documents in an attorney's possession relating to the client's matter

Answer

All communications between co-counsel on the same case

Answer

Expert reports prepared more than one year before trial

Question 6

In Connecticut, the clergy-penitent privilege protects which category of communication?

Accepted Answer

Confidential communications made to a clergyperson in their professional capacity as a spiritual advisor

Answer

Any conversation between a parishioner and their religious leader

Answer

All statements made during formal religious ceremonies

Answer

Communications between clergy members on church administrative matters

Question 7

Under FRE 804, the former testimony exception to hearsay requires that the declarant be unavailable AND that the testimony was given at a prior proceeding where the party against whom it is offered:

Accepted Answer

Had an opportunity and similar motive to develop the testimony by direct, cross, or redirect examination

Answer

Was present and had an opportunity to observe the witness

Answer

Agreed in writing to admission of the former testimony

Answer

Was represented by counsel at the prior proceeding