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

FRE 702, as interpreted in Daubert, requires that expert testimony be grounded in sufficient facts, reliable methodology, and proper application of that methodology.

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

FRE 407 bars subsequent remedial measures to prove negligence or culpable conduct, encouraging defendants to make safety improvements without fear of that evidence being used against them.

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

Under FRE 104(a), preliminary questions of admissibility are decided by the court by a preponderance of the evidence standard.

Question 4

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

Accepted Answer

The testifying spouse only

Answer

In federal courts under Trammel v. United States, the testifying spouse holds the privilege and may choose to testify against the defendant spouse.

Question 5

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

Accepted Answer

Impeach the witness's credibility

Answer

FRE 613 allows prior inconsistent statements to be used to impeach a witness's credibility by showing inconsistency, not as substantive proof.

JD - Juris Doctor or a Doctor of Jurisprudence Practice Test

JD - Juris Doctor or a Doctor of Jurisprudence Practice Test

JD Evidence 2