FL Bar Evidence 2

Question 1

Under FRE 801(d)(2), an admission by a party-opponent is classified as:

Accepted Answer

Non-hearsay (not hearsay by definition)

Answer

An exception to the hearsay rule

Answer

Hearsay but always admissible

Answer

Inadmissible character evidence

Question 2

The excited utterance exception to hearsay requires that the statement be made:

Accepted Answer

While the declarant is under the stress of excitement from a startling event, relating to that event

Answer

Immediately while perceiving the event

Answer

By an unavailable declarant only

Answer

In writing

Question 3

Lay witness opinion testimony is admissible under FRE 701 when it is:

Accepted Answer

Rationally based on the witness's perception, helpful to the fact-finder, and not based on specialized knowledge

Answer

Based on specialized knowledge

Answer

Only about the witness's own conduct

Answer

Offered to prove character

Question 4

Subsequent remedial measures are inadmissible under FRE 407 to prove:

Accepted Answer

Negligence or culpable conduct

Answer

Ownership or control of the premises

Answer

That the measure was feasible, if disputed

Answer

The identity of the tortfeasor

Question 5

Under FRE 609, a prior felony conviction may be used to impeach a witness's credibility if the crime was punishable by more than one year in prison and:

Accepted Answer

The probative value outweighs the prejudicial effect (for non-defendant witnesses)

Answer

Was committed in the last 5 years

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Was a crime involving dishonesty or false statement

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Only if the witness opens the door

Question 6

The physician-patient privilege in Florida protects communications made to a physician when the purpose is:

Accepted Answer

Diagnosis or treatment of a physical or mental condition

Answer

Social conversation

Answer

Expert testimony preparation

Answer

Public health reporting