IL Bar Evidence 1 — Questions and Answers
Question 1: Under the Federal Rules of Evidence (as applied in Illinois federal courts), relevant evidence is defined as evidence that:
- Directly proves an element of the claim
- Has any tendency to make a fact of consequence more or less probable than it would be without the evidence (Correct answer)
- Is admitted by both parties
- Comes from a reliable source
Correct answer: Has any tendency to make a fact of consequence more or less probable than it would be without the evidence
FRE 401 defines relevance as evidence having any tendency to make a fact of consequence to the determination of the action more or less probable than without the evidence.
Question 2: The hearsay rule excludes out-of-court statements offered to prove the truth of the matter asserted. Which is NOT hearsay?
- A witness recounting what a bystander said at the scene
- A prior consistent statement used to rehabilitate a witness
- A prior inconsistent statement used to impeach a witness (Correct answer)
- A statement admitted as a party admission
Correct answer: A prior inconsistent statement used to impeach a witness
A prior inconsistent statement used solely to impeach a witness's credibility is not hearsay because it is not offered for the truth of its content but to show the witness previously said something different.
Question 3: Under FRE 404(b), evidence of prior bad acts is generally inadmissible to prove character but may be admitted for which purpose?
- To show the defendant is a bad person
- To prove motive, opportunity, intent, plan, knowledge, identity, or absence of mistake (Correct answer)
- To show the witness is untruthful
- To establish a character for violence
Correct answer: To prove motive, opportunity, intent, plan, knowledge, identity, or absence of mistake
FRE 404(b) permits prior bad act evidence for non-character purposes such as proving motive, intent, knowledge, identity, plan, or absence of mistake.
Question 4: The attorney-client privilege protects confidential communications between attorney and client made for the purpose of:
- Any business discussion between them
- Seeking or providing legal advice (Correct answer)
- Preparing court filings only
- Communications in the presence of third parties
Correct answer: Seeking or providing legal advice
The attorney-client privilege protects confidential communications made between attorney and client for the purpose of obtaining or providing legal advice and does not apply if third parties are present.
Question 5: In Illinois, the Dead Man's Act bars a party to a lawsuit from testifying about conversations with or admissions by a deceased party unless:
- The testimony is notarized
- The opponent introduces evidence of the conversation or the representative consents (Correct answer)
- The party is the plaintiff
- Two witnesses corroborate the testimony
Correct answer: The opponent introduces evidence of the conversation or the representative consents
The Illinois Dead Man's Act bars interested parties from testifying about transactions or conversations with deceased parties, but the opponent waives the bar by introducing evidence of such matters or consenting.
Question 6: Under the best evidence (original document) rule, which is required when proving the contents of a document?
- A certified copy from a government agency
- The original document or an acceptable duplicate (Correct answer)
- Testimony of the document's author
- A notarized summary
Correct answer: The original document or an acceptable duplicate
The best evidence rule (FRE 1002) requires the original or an admissible duplicate when a party seeks to prove the contents of a writing, recording, or photograph.
IL Bar Evidence 1
Under the Federal Rules of Evidence (as applied in Illinois federal courts), relevant evidence is defined as evidence that: