HI Bar Evidence 1

Question 1

Under the Hawaii Rules of Evidence, which standard governs the admissibility of expert scientific testimony?

Accepted Answer

The Daubert reliability standard, as adopted by Hawaii

Answer

Hawaii adopted the Daubert standard, requiring trial courts to act as gatekeepers to ensure expert testimony is based on reliable methodology.

Question 2

Under HRE Rule 404(b), evidence of prior bad acts is generally inadmissible to prove character, but may be admissible to show:

Accepted Answer

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

Answer

HRE 404(b) permits prior bad act evidence for non-character purposes such as proving motive, intent, knowledge, or identity.

Question 3

Under the Hawaii Rules of Evidence, a hearsay statement is admissible as a present sense impression if it was made:

Accepted Answer

While the declarant was perceiving or immediately after perceiving the event

Answer

HRE Rule 803(1) allows a present sense impression if the statement was made while or immediately after the declarant perceived the event.

Question 4

The attorney-client privilege in Hawaii protects confidential communications between attorney and client. Which of the following would MOST LIKELY waive the privilege?

Accepted Answer

Disclosing the communication to a third party not essential to the representation

Answer

Voluntary disclosure of a privileged communication to a third party outside the privilege destroys confidentiality and waives the attorney-client privilege.

Question 5

Under HRE Rule 801, which of the following is NOT hearsay?

Accepted Answer

A prior inconsistent statement made under oath at a prior proceeding, offered to impeach

Answer

Under HRE 801(b)(1), a prior inconsistent statement made under oath at a prior proceeding is defined as non-hearsay when offered to impeach.

HI Bar - Hawaii Bar Exam Practice Test

HI Bar - Hawaii Bar Exam Practice Test

HI Bar Evidence 1