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

FRE 609(a)(1) permits impeachment with a prior felony conviction if within 10 years and the probative value outweighs its prejudicial effect; for defendants the standard is more protective.

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

FRE 801(d)(1)(A) classifies prior inconsistent statements made under oath at a prior proceeding as non-hearsay, making them admissible as substantive evidence, not just for impeachment.

Question 3

In Connecticut, the marital communications privilege generally protects:

Accepted Answer

Confidential communications made between spouses during the marriage

Answer

Connecticut's marital communications privilege protects confidential communications made between spouses during the marriage, even after the marriage has ended.

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

FRE 803(4) covers statements about the cause of an injury if reasonably pertinent to diagnosis or treatment, but typically excludes identity of the tortfeasor unless medically relevant.

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

The work product doctrine protects documents and tangible things prepared in anticipation of litigation by or for a party or its representative, with stronger protection for opinion work product.

(CT Bar) Connecticut Bar Exam Practice Test

(CT Bar) Connecticut Bar Exam Practice Test

CT Bar Evidence 3