KS Bar Evidence

Question 1

Under FRE 401, evidence is relevant if it has what effect on a fact of consequence?

Accepted Answer

Any tendency to make the fact more or less probable

Answer

A substantial tendency to prove the fact

Answer

A direct bearing on the ultimate issue

Answer

Been authenticated by both parties

Question 2

Under FRE 404(b), evidence of prior crimes or wrongs is admissible to prove which of the following?

Accepted Answer

Motive, intent, knowledge, identity, or absence of mistake

Answer

Character to show conforming conduct

Answer

The defendant's propensity to commit crimes

Answer

Any purpose the court finds persuasive

Question 3

Which requirement is essential for the attorney-client privilege to apply?

Accepted Answer

The communication must be confidential and made for the purpose of seeking legal advice

Answer

The communication must be in writing

Answer

The communication must occur after litigation has commenced

Answer

Third parties may be present if reasonably necessary

Question 4

Under FRE 802, what is the general rule regarding hearsay?

Accepted Answer

Hearsay is not admissible unless a rule or statute provides otherwise

Answer

Hearsay is admissible if relevant

Answer

Hearsay is admissible at the court's discretion

Answer

Hearsay is inadmissible only in criminal cases

Question 5

Under FRE 801(d)(1)(A), a prior inconsistent statement made under oath at a prior proceeding is classified as:

Accepted Answer

Not hearsay, and admissible as substantive evidence

Answer

Inadmissible hearsay

Answer

Admissible only for impeachment

Answer

Admissible only if the witness is now unavailable

Question 6

What does the best evidence rule (FRE 1002) generally require when proving the contents of a document?

Accepted Answer

An original writing, recording, or photograph must be produced

Answer

The most credible witness must testify about the document

Answer

A certified copy is always required

Answer

Expert testimony must authenticate the document

Question 7

Under FRE 702 (the Daubert standard), expert testimony is admissible when the expert's opinion:

Accepted Answer

Is based on sufficient facts, reliable principles/methods, and reliable application to the case facts

Answer

Is offered by a witness holding a Ph.D. in the relevant field

Answer

Has been peer-reviewed and published

Answer

Is offered by a court-appointed expert