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

FRE 801(d)(2) classifies party admissions as non-hearsay — they are definitionally excluded from the hearsay rule, not merely excepted from it.

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

FRE 803(2) requires the statement to relate to a startling event and be made while the declarant is still under the stress of excitement caused by that event.

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

FRE 701 allows lay opinion when it is rationally based on perception, helpful to the jury, and does not require specialized knowledge that crosses into expert testimony.

Question 4

Subsequent remedial measures are inadmissible under FRE 407 to prove:

Accepted Answer

Negligence or culpable conduct

Answer

FRE 407 bars evidence of subsequent remedial measures to prove negligence or culpable conduct, but allows it for ownership, control, feasibility, or impeachment.

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

For non-defendant witnesses, FRE 609(a)(1)(A) allows felony convictions for impeachment if the probative value outweighs the prejudicial effect; for defendants, Rule 403 balancing applies.

FL Bar - Florida Bar Exam Practice Test

FL Bar - Florida Bar Exam Practice Test

FL Bar Evidence 2