ID Bar Evidence 2

Question 1

Under FRE 803(1), a present sense impression is admissible as an exception to the hearsay rule when the statement:

Accepted Answer

Describes an event made while perceiving it or immediately after

Answer

Describes the declarant's then-existing mental state

Answer

Was made under the stress of excitement caused by a startling event

Answer

Was made by a party opponent

Question 2

Under FRE 609, a prior felony conviction may be used to impeach a non-criminal-defendant witness if:

Accepted Answer

The probative value outweighs the prejudicial effect

Answer

The probative value substantially outweighs the prejudicial effect

Answer

The judge finds the witness lied about the conviction

Answer

The conviction is fewer than 15 years old

Question 3

Under FRE 615, a court must exclude witnesses from the courtroom during trial upon the motion of a party, EXCEPT for:

Accepted Answer

A party that is a natural person

Answer

Expert witnesses retained for the case

Answer

A designated representative of an organizational party

Answer

A witness whose presence is shown to be essential

Question 4

Under the best evidence rule (FRE 1002), which of the following is required when proving the contents of a writing?

Accepted Answer

The original writing must be produced unless an exception applies

Answer

Two witnesses must testify about the writing

Answer

A certified copy must be submitted

Answer

The writing must be authenticated by a notary

Question 5

Under FRE 801(d)(2), which of the following is a party admission not subject to the hearsay rule?

Accepted Answer

A statement by an authorized agent of a party regarding a matter within the scope of agency

Answer

A statement by a co-party who has no agency relationship with the opposing party

Answer

A statement by the opposing party's expert witness

Answer

A statement made by a party before the litigation began, offered against a different party

Question 6

Which of the following hearsay exceptions requires the declarant to be unavailable?

Accepted Answer

Statement against interest (FRE 804(b)(3))

Answer

Excited utterance (FRE 803(2))

Answer

Business records (FRE 803(6))

Answer

Present sense impression (FRE 803(1))