DE Bar Evidence

Question 1

What is relevance in evidence law?

Accepted Answer

Evidence that has any tendency to make a material fact more or less probable

Answer

Evidence that the judge personally finds interesting

Answer

Only direct evidence of the crime

Answer

Evidence that proves a fact conclusively

Question 2

What is the hearsay rule?

Accepted Answer

Out-of-court statements offered to prove the truth of the matter asserted are generally inadmissible

Answer

All spoken testimony is hearsay

Answer

Only written statements can be hearsay

Answer

Hearsay is always admissible

Question 3

What is the best evidence rule?

Accepted Answer

Original documents must be produced to prove their contents unless an exception applies

Answer

Only the strongest evidence in a case is admissible

Answer

Physical evidence always takes priority over testimony

Answer

The party with the best evidence wins automatically

Question 4

When may character evidence be used to prove conduct?

Accepted Answer

In criminal cases, the defendant may offer evidence of pertinent good character traits

Answer

Character evidence is always admissible to prove conduct

Answer

Character evidence is never admissible in any case

Answer

Only the prosecution may introduce character evidence

Question 5

What are prior inconsistent statements used for?

Accepted Answer

To impeach a witness's credibility by showing contradictory earlier statements

Answer

To prove the truth of the earlier statement in all cases

Answer

To introduce new evidence through a witness

Answer

To establish a witness's qualifications

Question 6

What privilege protects spousal communications?

Accepted Answer

Confidential communications between spouses during marriage are privileged and cannot be compelled

Answer

All conversations between married people are privileged forever

Answer

Only written communications between spouses are protected

Answer

Spousal privilege only applies in divorce proceedings