GA Bar Evidence 2

Question 1

Under the Federal Rules of Evidence adopted in Georgia, a statement qualifies as a present sense impression if it describes an event and was made:

Accepted Answer

During or immediately after perceiving the event

Answer

FRE 803(1) requires the statement to be made while or immediately after the declarant perceived the event, ensuring minimal time for fabrication.

Question 2

A defendant in a Georgia criminal trial seeks to admit a dying declaration made by the victim. Which element is NOT required for admissibility?

Accepted Answer

The statement was made without opportunity for reflection

Answer

Under FRE 804(b)(2), a dying declaration requires belief of imminent death and that the statement concern the cause or circumstances; the absence of reflection time is not a listed element.

Question 3

Plaintiff sues a grocery store after slipping on a wet floor. The store argues the floor was not wet. A customer who was present texts her friend 'I just watched someone slip on a huge puddle in aisle 3!' seconds after the fall. This text is:

Accepted Answer

Admissible as a present sense impression

Answer

A text message qualifies as a present sense impression under FRE 803(1) because it was made immediately after perceiving the event regardless of its written form.

Question 4

Under Georgia's rape shield law, evidence of a victim's past sexual behavior is generally inadmissible EXCEPT to:

Accepted Answer

Show consent through prior sexual conduct with the defendant or explain the source of physical evidence

Answer

Georgia's rape shield law permits prior sexual behavior evidence only to show past acts with the accused (for consent) or to explain the origin of physical or forensic evidence.

Question 5

A business record is admissible under FRE 803(6) only if it was made:

Accepted Answer

At or near the time of the event by someone with knowledge, kept in the regular course of business

Answer

FRE 803(6) requires the record to be made near the time of the event by someone with knowledge, as a regular business practice, and the custodian must testify or certify it.

(GA Bar) Georgia Bar Exam Practice Test

(GA Bar) Georgia Bar Exam Practice Test

GA Bar Evidence 2