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

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.

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

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.

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

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.

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

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.

Question 5

The marital communications privilege generally protects communications that are:

Accepted Answer

Confidential communications made during a valid marriage

Answer

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.

(KS Bar) Kansas Bar Exam Practice Test

(KS Bar) Kansas Bar Exam Practice Test

KS Bar Evidence 3