Evidence Flashcards
7 cards from real IN BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Evidence flashcards as text
A prosecutor offers a lab report through a supervisor who did not perform the testing. The defendant objects on Confrontation Clause grounds. Under Supreme Court precedent, the report is likely:
Answer: Inadmissible testimonial evidence unless the analyst testifies
Under Melendez-Diaz and Bullcoming, forensic reports prepared for prosecution are testimonial and require the testing analyst's live testimony.
A defendant charged with sexual assault seeks to introduce evidence of the victim's prior sexual behavior with third parties to show consent. Under the rape shield rule, this evidence is:
Answer: Generally inadmissible, subject to narrow exceptions
FRE 412 generally bars a victim's other sexual behavior, with limited exceptions such as prior conduct with the accused to show consent.
An expert witness bases her opinion on inadmissible hearsay reports. Her opinion is:
Answer: Admissible if experts in the field reasonably rely on such data
Under FRE 703, an expert may rely on inadmissible facts or data if experts in the field would reasonably rely on them.
A wife is called to testify against her husband in a federal criminal trial about events during the marriage. Regarding spousal testimonial privilege:
Answer: The wife alone holds the privilege and may choose to testify
Under Trammel v. United States, the witness-spouse alone holds the testimonial privilege and may waive it.
To authenticate a voice on a phone call, a witness may testify that she recognizes the voice based on:
Answer: Hearing it at any time under circumstances connecting it to the alleged speaker
FRE 901(b)(5) allows voice identification based on familiarity acquired at any time, but not familiarity gained solely for litigation.
A judge in a bench trial takes judicial notice that Indianapolis is in Marion County, Indiana. This fact is:
Answer: Proper because it is generally known within the jurisdiction and not subject to reasonable dispute
Rule 201 permits judicial notice of facts generally known in the jurisdiction or accurately verifiable from unquestionable sources.
During deliberations, a juror researched the case online and shared findings. On a motion for new trial, jurors may testify about:
Answer: Whether extraneous prejudicial information was improperly brought to the jury's attention
Rule 606(b) bars testimony about deliberations but permits testimony on extraneous information or outside influence.