KS Bar Evidence 3

Question 1

The work product doctrine (FRCP 26(b)(3)) protects which of the following?

Accepted Answer

Documents and tangible things prepared in anticipation of litigation by or for a party or its representative

Answer

All attorney-client communications made in confidence

Answer

Only final trial briefs and memoranda prepared by attorneys

Answer

All internal communications between co-counsel

Question 2

Under FRE 609, a prior felony conviction may be used to impeach a non-defendant witness if:

Accepted Answer

The crime involved dishonesty, or the conviction is less than 10 years old and probative value outweighs prejudicial effect

Answer

The defendant consents to its use

Answer

The conviction is disclosed to opposing counsel before trial

Answer

The witness was sentenced to more than one year

Question 3

Under FRE 501, which law governs privilege in federal court in a civil case where state law provides the rule of decision?

Accepted Answer

The privilege law of the state that provides the rule of decision

Answer

Federal common law as interpreted by federal courts

Answer

Federal statutes enacted by Congress

Answer

The privilege law of the state where the action was filed

Question 4

Under FRE 801(d)(2), a statement qualifies as an admission by a party-opponent (not hearsay) when it is:

Accepted Answer

Offered against the opposing party and was made by that party, adopted by that party, or made by an authorized agent

Answer

Made voluntarily and under penalty of perjury

Answer

Made in a prior judicial proceeding

Answer

Recorded contemporaneously with the events described

Question 5

The marital communications privilege generally protects communications that are:

Accepted Answer

Confidential communications made during a valid marriage

Answer

Any communication between current spouses, regardless of context

Answer

All communications between former spouses about marital matters

Answer

Communications made in the presence of the couple's minor children

Question 6

Under FRE 106 (the rule of completeness), when one party introduces part of a writing, the adverse party may require introduction of:

Accepted Answer

Any other part of the writing or recorded statement that in fairness ought to be considered at that time

Answer

Any other document from the same time period

Answer

The entire document, regardless of relevance

Answer

Any oral statements made at the same time

Question 7

Under FRE 803(1), the present sense impression exception allows admission of a statement that:

Accepted Answer

Describes or explains an event or condition made while or immediately after the declarant perceived it

Answer

Describes a startling event while the declarant was under stress of excitement

Answer

Was made by the declarant at any time before trial

Answer

Describes the declarant's then-existing mental or emotional state