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Evidence Flashcards

6 cards from real ID 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

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

    Answer: Describes an event made while perceiving it or immediately after

    FRE 803(1) covers statements describing an event made while the declarant was perceiving it or immediately thereafter, capturing the contemporaneous nature as a guarantee of trustworthiness.

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

    Answer: The probative value outweighs the prejudicial effect

    For a non-defendant witness, FRE 609(a)(1)(A) permits impeachment with a prior felony conviction if the probative value outweighs the prejudicial effect (a standard more favorable than Rule 403).

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

    Answer: A party that is a natural person

    FRE 615 mandates witness exclusion on motion, but excepts a party who is a natural person, a designated organizational representative, a party whose presence is essential, and persons authorized by statute.

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

    Answer: The original writing must be produced unless an exception applies

    FRE 1002 requires production of the original writing to prove its content, though FRE 1003 and 1004 provide exceptions for duplicates and situations where the original is unavailable.

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

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

    FRE 801(d)(2)(C)-(D) classifies statements by an agent authorized to make the statement, or by an agent within the scope of employment, as non-hearsay admissions.

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

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

    FRE 804 exceptions — including statement against interest — require the declarant's unavailability; FRE 803 exceptions apply regardless of the declarant's availability.