DE Bar Evidence 1 — Questions and Answers
Question 1: What is relevance in evidence law?
- Evidence that has any tendency to make a material fact more or less probable (Correct answer)
- Evidence that the judge personally finds interesting
- Only direct evidence of the crime
- Evidence that proves a fact conclusively
Correct answer: Evidence that has any tendency to make a material fact more or less probable
Relevant evidence is any evidence that has a tendency to make a fact of consequence to the case more or less probable than it would be without the evidence.
Question 2: What is the hearsay rule?
- Out-of-court statements offered to prove the truth of the matter asserted are generally inadmissible (Correct answer)
- All spoken testimony is hearsay
- Only written statements can be hearsay
- Hearsay is always admissible
Correct answer: Out-of-court statements offered to prove the truth of the matter asserted are generally inadmissible
Hearsay is an out-of-court statement offered to prove the truth of what was stated. It is generally inadmissible unless an exception applies.
Question 3: What is the best evidence rule?
- Original documents must be produced to prove their contents unless an exception applies (Correct answer)
- Only the strongest evidence in a case is admissible
- Physical evidence always takes priority over testimony
- The party with the best evidence wins automatically
Correct answer: Original documents must be produced to prove their contents unless an exception applies
The best evidence rule requires the original writing, recording, or photograph when a party seeks to prove its contents, though copies may be admitted under certain exceptions.
Question 4: When may character evidence be used to prove conduct?
- In criminal cases, the defendant may offer evidence of pertinent good character traits (Correct answer)
- Character evidence is always admissible to prove conduct
- Character evidence is never admissible in any case
- Only the prosecution may introduce character evidence
Correct answer: In criminal cases, the defendant may offer evidence of pertinent good character traits
In criminal cases, the defendant may offer evidence of relevant good character traits. The prosecution cannot initiate character evidence but may rebut once the defendant opens the door.
Question 5: What are prior inconsistent statements used for?
- To impeach a witness's credibility by showing contradictory earlier statements (Correct answer)
- To prove the truth of the earlier statement in all cases
- To introduce new evidence through a witness
- To establish a witness's qualifications
Correct answer: To impeach a witness's credibility by showing contradictory earlier statements
Prior inconsistent statements are primarily used to impeach credibility by demonstrating the witness said something different before, though some prior statements may also be substantive evidence.
Question 6: What privilege protects spousal communications?
- Confidential communications between spouses during marriage are privileged and cannot be compelled (Correct answer)
- All conversations between married people are privileged forever
- Only written communications between spouses are protected
- Spousal privilege only applies in divorce proceedings
Correct answer: Confidential communications between spouses during marriage are privileged and cannot be compelled
The marital communications privilege protects confidential communications made between spouses during the marriage. The privilege generally survives divorce for communications made during the marriage.
DE Bar Evidence 1
What is relevance in evidence law?