Evidence Flashcards
6 cards from real FL BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Evidence flashcards as text
Relevance under FRE 401 requires that the evidence make a fact of consequence:
Answer: More or less probable than it would be without the evidence
FRE 401 defines relevant evidence as evidence having any tendency to make a material fact more or less probable than without the evidence — it is a low threshold.
Under the work product doctrine, materials prepared in anticipation of litigation by an attorney are protected from discovery UNLESS the requesting party shows:
Answer: Substantial need and inability to obtain the equivalent without undue hardship
Ordinary work product is discoverable only upon a showing of substantial need and inability to obtain substantially equivalent materials without undue hardship; opinion work product receives near-absolute protection.
A dying declaration is admissible as an exception to hearsay when the declarant made the statement believing death was:
Answer: Imminent and certain
FRE 804(b)(2) requires the declarant to have believed death was imminent — a sense of certain and immediate death — when making the statement.
Under FRE 615 (Rule on Exclusion of Witnesses), a court must exclude witnesses from the courtroom upon request, EXCEPT for:
Answer: The party itself if a natural person, or a designated officer/employee of an entity-party
FRE 615 requires exclusion of witnesses on request but exempts: a party who is a natural person, an officer/employee designated by an entity-party, a person whose presence is essential, and statutorily authorized victims.
Judicial notice of adjudicative facts under FRE 201 requires that the fact be:
Answer: Not subject to reasonable dispute because it is generally known or accurately determined from sources whose accuracy cannot reasonably be questioned
FRE 201(b) allows judicial notice of adjudicative facts that are not subject to reasonable dispute because they are generally known in the jurisdiction or verifiable from reliable sources.
Impeachment by prior inconsistent statement under FRE 613 requires that the witness be:
Answer: Given an opportunity to explain or deny the statement at some point during trial
FRE 613(b) requires that the witness be given an opportunity to explain or deny the prior inconsistent statement — the order of questioning is flexible.