ID Bar Evidence

Question 1

Under the Federal Rules of Evidence (as tested on the MBE portion of the Idaho Bar Exam), which of the following is the definition of hearsay?

Accepted Answer

An out-of-court statement offered to prove the truth of the matter asserted

Answer

Any statement made outside of court

Answer

A statement made by a witness who is unavailable

Answer

Any written document offered into evidence

Question 2

Which of the following is a non-hearsay prior statement under FRE 801(d)(1)?

Accepted Answer

A witness's prior statement identifying a person made after perceiving them

Answer

A witness's prior consistent statement offered to explain a motive to fabricate

Answer

A witness's diary entry describing the event

Answer

A co-conspirator's statement made after the conspiracy ended

Question 3

Under FRE 404(b), evidence of prior bad acts may be admissible to prove:

Accepted Answer

Intent, knowledge, identity, or absence of mistake

Answer

Character to act in conformity with the prior acts

Answer

That the defendant is a dangerous person

Answer

The defendant committed the charged crime

Question 4

Under FRE 407, evidence of subsequent remedial measures is inadmissible to prove:

Accepted Answer

Negligence or culpable conduct

Answer

Ownership or control

Answer

That a safer alternative was feasible

Answer

The identity of persons who made repairs

Question 5

Under FRE 702, expert testimony is admissible when the expert's opinion is:

Accepted Answer

Based on sufficient facts, a reliable method reliably applied to the case

Answer

Based on the expert's personal experience alone

Answer

Helpful to the trier of fact even without a reliable methodology

Answer

Stipulated to by both parties

Question 6

Under the attorney-client privilege, which of the following communications is NOT protected?

Accepted Answer

Communications made in furtherance of a crime or fraud

Answer

A client's statement to an attorney seeking legal advice

Answer

An attorney's legal advice communicated to the client

Answer

Communications made in confidence to the client's attorney