GA Bar Evidence 3

Question 1

Under FRE 404(b), evidence of a defendant's prior crimes may be admitted to prove:

Accepted Answer

Motive, opportunity, intent, plan, knowledge, identity, or absence of mistake

Answer

FRE 404(b)(2) lists specific permitted purposes—motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident—but never propensity.

Question 2

The attorney-client privilege in Georgia protects confidential communications between attorney and client made for the purpose of:

Accepted Answer

Seeking or providing legal advice

Answer

The attorney-client privilege protects only confidential communications made in the context of seeking or providing legal advice, not all communications between attorney and client.

Question 3

In Georgia, the spousal testimonial privilege (privilege not to testify against a spouse) in a criminal proceeding belongs to:

Accepted Answer

The witness spouse, who may choose whether to testify

Answer

Under Georgia law and the modern federal approach, the witness spouse holds the testimonial privilege and can choose to testify or refuse, regardless of the defendant spouse's wishes.

Question 4

A party seeks to impeach a witness with a prior conviction for misdemeanor theft committed eight years ago. Under FRE 609, this conviction is:

Accepted Answer

Admissible only if the court finds the probative value outweighs the prejudicial effect

Answer

Misdemeanors not involving dishonesty or false statement require the court to find probative value outweighs prejudice under FRE 609(a)(1); theft is not automatically a crimen falsi offense.

Question 5

A prior inconsistent statement by a non-party witness may be used at trial to:

Accepted Answer

Impeach the witness's credibility and, if made under oath at a prior proceeding, as substantive evidence

Answer

Under FRE 613 and 801(d)(1)(A), a prior inconsistent statement is admissible to impeach, and if it was given under oath at a prior proceeding it also comes in as substantive non-hearsay evidence.

(GA Bar) Georgia Bar Exam Practice Test

(GA Bar) Georgia Bar Exam Practice Test

GA Bar Evidence 3