HI Bar Evidence 2

Question 1

Under the Hawaii Rules of Evidence, which exception allows admission of a statement made for the purpose of medical diagnosis or treatment?

Accepted Answer

HRE Rule 803(4) — Statements for Medical Diagnosis or Treatment

Answer

HRE Rule 804(b)(2) — Dying Declarations

Answer

HRE Rule 801(b) — Prior Consistent Statement

Answer

HRE Rule 803(8) — Public Records

Question 2

Under Hawaii evidence law, lay witness opinion testimony is admissible if it is:

Accepted Answer

Rationally based on the witness's own perception and helpful to determine a fact in issue

Answer

Based on specialized technical knowledge

Answer

Submitted in writing before trial

Answer

Corroborated by at least one other witness

Question 3

In Hawaii, which of the following best describes the 'best evidence rule'?

Accepted Answer

To prove the content of a writing, the original document must be produced unless an exception applies

Answer

The most credible witness must testify first

Answer

Only expert testimony may be used to establish scientific facts

Answer

Physical evidence is always superior to testimony

Question 4

Under HRE Rule 407, subsequent remedial measures taken after an injury are generally inadmissible to prove:

Accepted Answer

Negligence or culpable conduct in causing the injury

Answer

The feasibility of precautionary measures

Answer

Who owned or controlled the instrumentality

Answer

Impeachment of a witness

Question 5

For a dying declaration to be admissible under HRE Rule 804(b)(2), which requirement must be met?

Accepted Answer

The statement must concern the cause or circumstances of what the declarant believed to be their impending death

Answer

The declarant must have actually died before trial

Answer

The statement must be in writing

Answer

The statement must be corroborated by a physician

Question 6

Under Hawaii law, which of the following communications is protected by the marital privilege?

Accepted Answer

A confidential communication made between spouses during a valid marriage

Answer

A statement made by one spouse to the other during a public argument

Answer

Any statement made in the presence of the couple's adult children

Answer

A business communication between spouses who work together