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 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:

Accepted Answer

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

Answer

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'?

Accepted Answer

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

Answer

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:

Accepted Answer

Negligence or culpable conduct in causing the injury

Answer

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?

Accepted Answer

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

Answer

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.

HI Bar - Hawaii Bar Exam Practice Test

HI Bar - Hawaii Bar Exam Practice Test

HI Bar Evidence 2