Evidence Flashcards
7 cards from real KS 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
The work product doctrine (FRCP 26(b)(3)) protects which of the following?
Answer: Documents and tangible things prepared in anticipation of litigation by or for a party or its representative
The work product doctrine protects documents and tangible things prepared in anticipation of litigation or for trial by or for a party or its attorney, with opinion work product receiving heightened protection.
Under FRE 609, a prior felony conviction may be used to impeach a non-defendant witness if:
Answer: The crime involved dishonesty, or the conviction is less than 10 years old and probative value outweighs prejudicial effect
FRE 609 permits prior felony convictions for crimes of dishonesty (automatic admission) or other felonies where probative value outweighs prejudice, subject to the 10-year time limit.
Under FRE 501, which law governs privilege in federal court in a civil case where state law provides the rule of decision?
Answer: The privilege law of the state that provides the rule of decision
FRE 501 provides that in civil cases where a claim or defense is governed by state law, the court must apply the privilege law of the state that provides the rule of decision.
Under FRE 801(d)(2), a statement qualifies as an admission by a party-opponent (not hearsay) when it is:
Answer: Offered against the opposing party and was made by that party, adopted by that party, or made by an authorized agent
FRE 801(d)(2) defines party admissions as not hearsay when offered against the opposing party, encompassing the party's own statements, adoptive admissions, authorized agent statements, and co-conspirator statements.
The marital communications privilege generally protects communications that are:
Answer: Confidential communications made during a valid marriage
The marital communications privilege protects confidential communications made during a valid marriage; communications not intended to be confidential or made outside of a valid marriage are not protected.
Under FRE 106 (the rule of completeness), when one party introduces part of a writing, the adverse party may require introduction of:
Answer: Any other part of the writing or recorded statement that in fairness ought to be considered at that time
FRE 106 allows the opposing party to demand introduction of any other part of a writing or recorded statement that fairness requires be considered alongside the admitted portion.
Under FRE 803(1), the present sense impression exception allows admission of a statement that:
Answer: Describes or explains an event or condition made while or immediately after the declarant perceived it
The present sense impression exception covers statements describing or explaining an event or condition made while the declarant perceived it or immediately thereafter, ensuring contemporaneity as the guarantee of reliability.