Evidence Flashcards
6 cards from real HI BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Evidence flashcards as text
Under the Hawaii Rules of Evidence, which exception allows admission of a statement made for the purpose of medical diagnosis or treatment?
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.
Under Hawaii evidence law, lay witness opinion testimony is admissible if it is:
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.
In Hawaii, which of the following best describes the 'best evidence rule'?
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.
Under HRE Rule 407, subsequent remedial measures taken after an injury are generally inadmissible to prove:
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.
For a dying declaration to be admissible under HRE Rule 804(b)(2), which requirement must be met?
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.
Under Hawaii law, which of the following communications is protected by the marital privilege?
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.