HI Bar Evidence 2 — Questions and Answers
Question 1: Under the Hawaii Rules of Evidence, which exception allows admission of a statement made for the purpose of medical diagnosis or treatment?
- HRE Rule 803(4) — Statements for Medical Diagnosis or Treatment (Correct answer)
- HRE Rule 804(b)(2) — Dying Declarations
- HRE Rule 801(b) — Prior Consistent Statement
- HRE Rule 803(8) — Public Records
Correct answer: HRE Rule 803(4) — Statements for Medical Diagnosis or Treatment
HRE Rule 803(4) excepts from the hearsay rule statements made for the purpose of medical diagnosis or treatment, including descriptions of past symptoms.
Question 2: Under Hawaii evidence law, lay witness opinion testimony is admissible if it is:
- Based on specialized technical knowledge
- Rationally based on the witness's own perception and helpful to determine a fact in issue (Correct answer)
- Submitted in writing before trial
- Corroborated by at least one other witness
Correct answer: Rationally based on the witness's own perception and helpful to determine a fact in issue
HRE Rule 701 allows lay opinion testimony when it is rationally based on the witness's perception and helpful to understanding the testimony or determining a fact.
Question 3: In Hawaii, which of the following best describes the 'best evidence rule'?
- The most credible witness must testify first
- To prove the content of a writing, the original document must be produced unless an exception applies (Correct answer)
- Only expert testimony may be used to establish scientific facts
- Physical evidence is always superior to testimony
Correct answer: To prove the content of a writing, the original document must be produced unless an exception applies
The best evidence rule (HRE Rule 1002) requires production of the original writing, recording, or photograph to prove its contents unless an exception applies.
Question 4: Under HRE Rule 407, subsequent remedial measures taken after an injury are generally inadmissible to prove:
- The feasibility of precautionary measures
- Negligence or culpable conduct in causing the injury (Correct answer)
- Who owned or controlled the instrumentality
- Impeachment of a witness
Correct answer: Negligence or culpable conduct in causing the injury
HRE Rule 407 excludes subsequent remedial measures when offered to prove negligence or culpable conduct, to encourage post-accident safety improvements.
Question 5: For a dying declaration to be admissible under HRE Rule 804(b)(2), which requirement must be met?
- The declarant must have actually died before trial
- The statement must concern the cause or circumstances of what the declarant believed to be their impending death (Correct answer)
- The statement must be in writing
- The statement must be corroborated by a physician
Correct answer: The statement must concern the cause or circumstances of what the declarant believed to be their impending death
HRE 804(b)(2) requires that the dying declaration concern the cause or circumstances of the declarant's believed impending death; actual death is not required in civil cases.
Question 6: Under Hawaii law, which of the following communications is protected by the marital privilege?
- A statement made by one spouse to the other during a public argument
- A confidential communication made between spouses during a valid marriage (Correct answer)
- Any statement made in the presence of the couple's adult children
- A business communication between spouses who work together
Correct answer: A confidential communication made between spouses during a valid marriage
The marital communications privilege protects confidential communications made between legally married spouses during the marriage.
