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
Under FRE 401, evidence is relevant if it has what effect on a fact of consequence?
Answer: Any tendency to make the fact more or less probable
FRE 401 sets a low threshold: evidence is relevant if it has any tendency to make a fact of consequence more or less probable than without the evidence.
Under FRE 404(b), evidence of prior crimes or wrongs is admissible to prove which of the following?
Answer: Motive, intent, knowledge, identity, or absence of mistake
FRE 404(b)(2) permits prior acts evidence for specific non-character purposes: motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.
Which requirement is essential for the attorney-client privilege to apply?
Answer: The communication must be confidential and made for the purpose of seeking legal advice
Attorney-client privilege protects confidential communications between attorney and client made for the purpose of obtaining legal advice; confidentiality is the key requirement.
Under FRE 802, what is the general rule regarding hearsay?
Answer: Hearsay is not admissible unless a rule or statute provides otherwise
FRE 802 establishes that hearsay is not admissible unless an exception under the Federal Rules or other federal statute or rule applies.
Under FRE 801(d)(1)(A), a prior inconsistent statement made under oath at a prior proceeding is classified as:
Answer: Not hearsay, and admissible as substantive evidence
FRE 801(d)(1)(A) classifies prior inconsistent statements made under oath at a prior proceeding as 'not hearsay,' making them admissible as substantive evidence.
What does the best evidence rule (FRE 1002) generally require when proving the contents of a document?
Answer: An original writing, recording, or photograph must be produced
FRE 1002 requires production of the original writing, recording, or photograph when proving its content, unless an exception under FRE 1003-1004 applies.
Under FRE 702 (the Daubert standard), expert testimony is admissible when the expert's opinion:
Answer: Is based on sufficient facts, reliable principles/methods, and reliable application to the case facts
FRE 702 requires that expert testimony rest on sufficient facts or data, reliable principles and methods, and that the expert reliably applied those principles and methods to the case facts.