JD Evidence 2

Question 1

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

Accepted Answer

Sufficient facts or data and reliable principles and methods

Answer

Personal observation of the events at issue

Answer

The same information available to lay witnesses

Answer

Hearsay evidence specifically excluded under FRE 803

Question 2

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

Accepted Answer

Negligence or culpable conduct related to the prior event

Answer

Ownership or control of a premises

Answer

The feasibility of a precautionary measure when disputed

Answer

Impeachment of a witness who denies making repairs

Question 3

Which standard does a trial judge use under FRE 104(a) when deciding preliminary questions of admissibility?

Accepted Answer

Preponderance of the evidence

Answer

Beyond a reasonable doubt

Answer

Clear and convincing evidence

Answer

Probable cause

Question 4

Under the spousal testimonial privilege in federal courts, who holds the privilege?

Accepted Answer

The testifying spouse only

Answer

The defendant spouse only

Answer

Either spouse may assert it

Answer

The court may assert it sua sponte

Question 5

Under FRE 613, a prior inconsistent statement of a witness may be used to:

Accepted Answer

Impeach the witness's credibility

Answer

Prove the truth of what the prior statement asserts

Answer

Establish an exception to the hearsay rule

Answer

Substitute for the witness's in-court testimony

Question 6

Under FRE 404(a)(2), in a criminal case, a defendant may offer evidence of their own character trait if it is:

Accepted Answer

Pertinent to the charged offense

Answer

Supported by documentary evidence

Answer

Corroborated by expert testimony

Answer

Uncontested by the prosecution

Question 7

The excited utterance exception to the hearsay rule (FRE 803(2)) requires that the statement:

Accepted Answer

Relate to a startling event and be made under stress of excitement

Answer

Be made in writing immediately after the startling event

Answer

Be corroborated by a second witness

Answer

Be made before the declarant had time to speak with an attorney