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

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.

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

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.

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

Attorney-client privilege protects confidential communications between attorney and client made for the purpose of obtaining legal advice; confidentiality is the key requirement.

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

FRE 802 establishes that hearsay is not admissible unless an exception under the Federal Rules or other federal statute or rule applies.

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

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.

(KS Bar) Kansas Bar Exam Practice Test

(KS Bar) Kansas Bar Exam Practice Test

KS Bar Evidence