Evidence Flashcards

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?

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

FRE 801(c) defines hearsay as an out-of-court statement offered to prove the truth of the matter asserted in the statement.

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

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

FRE 801(d)(1)(C) classifies a prior statement of identification of a person made after perceiving them as non-hearsay when the declarant testifies and is subject to cross-examination.

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

Answer: Intent, knowledge, identity, or absence of mistake

FRE 404(b)(2) allows prior act evidence for non-propensity purposes such as proving intent, knowledge, identity, plan, or absence of mistake.

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

Answer: Negligence or culpable conduct

FRE 407 bars evidence of subsequent remedial measures to prove negligence, culpable conduct, a defect, or need for warning, but allows it to prove ownership, control, or feasibility.

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

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

FRE 702 (the Daubert standard) requires expert testimony to be based on sufficient facts, a reliable methodology, and the reliable application of that methodology to the facts of the case.

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

Answer: Communications made in furtherance of a crime or fraud

The crime-fraud exception removes attorney-client privilege protection from communications made to facilitate future crime or fraud.