JD Evidence 1 — Questions and Answers
Question 1: Under the Federal Rules of Evidence, which of the following statements best defines hearsay?
- Any out-of-court statement offered to prove the truth of the matter asserted (Correct answer)
- Any statement made by a witness who is unavailable at trial
- Any written document introduced without live testimony
- Any statement made by the opposing party during litigation
Correct answer: Any out-of-court statement offered to prove the truth of the matter asserted
FRE 801 defines hearsay as an out-of-court statement offered to prove the truth of the matter asserted, regardless of who made it.
Question 2: Which of the following is NOT an exception to the hearsay rule under FRE 803?
- Present sense impression
- Business records
- Prior inconsistent statement of a witness (Correct answer)
- Dying declaration
Correct answer: Prior inconsistent statement of a witness
Prior inconsistent statements of a witness are governed by FRE 801(d)(1), not FRE 803; FRE 803 lists exceptions that apply regardless of declarant availability.
Question 3: Under FRE 404(b), evidence of prior bad acts is admissible for which purpose?
- To show a defendant's propensity to commit the charged crime
- To prove intent, knowledge, or absence of mistake (Correct answer)
- To establish that the defendant is a person of bad character
- To impeach any witness who testifies at trial
Correct answer: To prove intent, knowledge, or absence of mistake
FRE 404(b) permits other-acts evidence for non-propensity purposes such as proving intent, knowledge, identity, or absence of mistake.
Question 4: The attorney-client privilege protects communications that are made:
- In writing between an attorney and any third party
- Confidentially between a client and their attorney for the purpose of obtaining legal advice (Correct answer)
- Between co-defendants in the presence of their shared attorney
- In any setting where an attorney is present
Correct answer: Confidentially between a client and their attorney for the purpose of obtaining legal advice
The attorney-client privilege applies to confidential communications between a client and their attorney made for the purpose of seeking or giving legal advice.
Question 5: Under FRE 602, a witness may testify only if:
- The witness has been qualified as an expert by the court
- The witness has personal knowledge of the matter (Correct answer)
- The witness's testimony is corroborated by documentary evidence
- The witness has taken an oath or affirmation to tell the truth
Correct answer: The witness has personal knowledge of the matter
FRE 602 requires that a lay witness have personal knowledge of the matter about which they testify, established by evidence sufficient to support a finding.
Question 6: Under FRE 901, authentication of evidence requires:
- A notarized affidavit from the document's creator
- Evidence sufficient to support a finding that the item is what the proponent claims (Correct answer)
- Chain-of-custody testimony from every individual who handled the item
- A stipulation from opposing counsel
Correct answer: Evidence sufficient to support a finding that the item is what the proponent claims
FRE 901(a) sets a low threshold, requiring only that the proponent produce evidence sufficient to support a finding that the item is what it is claimed to be.
Question 7: The best evidence rule (FRE 1002) requires that to prove the content of a writing, recording, or photograph, a party must produce:
- A certified copy notarized by a court officer
- The original document or an admissible duplicate (Correct answer)
- Testimony from at least two witnesses who read the original
- A summary prepared by a neutral expert
Correct answer: The original document or an admissible duplicate
FRE 1002 requires production of the original writing, recording, or photograph to prove its content, though FRE 1003 allows duplicates under most circumstances.
JD Evidence 1
Under the Federal Rules of Evidence, which of the following statements best defines hearsay?