IL Bar Evidence

Question 1

Under the Federal Rules of Evidence (as applied in Illinois federal courts), relevant evidence is defined as evidence that:

Accepted Answer

Has any tendency to make a fact of consequence more or less probable than it would be without the evidence

Answer

Directly proves an element of the claim

Answer

Is admitted by both parties

Answer

Comes from a reliable source

Question 2

The hearsay rule excludes out-of-court statements offered to prove the truth of the matter asserted. Which is NOT hearsay?

Accepted Answer

A prior inconsistent statement used to impeach a witness

Answer

A witness recounting what a bystander said at the scene

Answer

A prior consistent statement used to rehabilitate a witness

Answer

A statement admitted as a party admission

Question 3

Under FRE 404(b), evidence of prior bad acts is generally inadmissible to prove character but may be admitted for which purpose?

Accepted Answer

To prove motive, opportunity, intent, plan, knowledge, identity, or absence of mistake

Answer

To show the defendant is a bad person

Answer

To show the witness is untruthful

Answer

To establish a character for violence

Question 4

The attorney-client privilege protects confidential communications between attorney and client made for the purpose of:

Accepted Answer

Seeking or providing legal advice

Answer

Any business discussion between them

Answer

Preparing court filings only

Answer

Communications in the presence of third parties

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:

Accepted Answer

The opponent introduces evidence of the conversation or the representative consents

Answer

The testimony is notarized

Answer

The party is the plaintiff

Answer

Two witnesses corroborate the testimony

Question 6

Under the best evidence (original document) rule, which is required when proving the contents of a document?

Accepted Answer

The original document or an acceptable duplicate

Answer

A certified copy from a government agency

Answer

Testimony of the document's author

Answer

A notarized summary