HI Bar Evidence 3

Question 1

Under HRE Rule 613, extrinsic evidence of a prior inconsistent statement of a witness is admissible only if:

Accepted Answer

The witness is given an opportunity to explain or deny the statement

Answer

HRE Rule 613(b) requires that the witness be afforded an opportunity to explain or deny the prior inconsistent statement before extrinsic evidence of it is admitted.

Question 2

Under the Hawaii Rules of Evidence, which of the following is an example of judicial notice of an adjudicative fact?

Accepted Answer

A court taking notice that Honolulu is in the State of Hawaii

Answer

Judicial notice under HRE Rule 201 applies to adjudicative facts not subject to reasonable dispute, such as the geographic location of well-known places.

Question 3

In Hawaii, the crime-fraud exception can defeat the attorney-client privilege when:

Accepted Answer

The client sought legal advice to facilitate a future crime or fraud

Answer

The crime-fraud exception removes attorney-client privilege protection when the client sought legal advice to plan or commit a future crime or fraud.

Question 4

Under HRE Rule 609, evidence of a prior felony conviction may be used to impeach a witness if:

Accepted Answer

The probative value of the conviction outweighs its prejudicial effect, and the conviction is within 10 years

Answer

HRE Rule 609 allows prior felony convictions for impeachment subject to a balancing test, and convictions more than 10 years old face a higher admissibility bar.

Question 5

Under HRE Rule 407, which of the following uses of subsequent remedial measure evidence IS permitted?

Accepted Answer

To prove ownership, control, or feasibility of precautionary measures if controverted

Answer

HRE Rule 407 permits subsequent remedial measure evidence to prove ownership, control, or the feasibility of safety measures when those issues are disputed.

HI Bar - Hawaii Bar Exam Practice Test

HI Bar - Hawaii Bar Exam Practice Test

HI Bar Evidence 3