LA Bar Evidence 2 — Questions and Answers
Question 1: Under Louisiana Code of Evidence Article 404(B), evidence of other crimes, wrongs, or acts committed by a defendant is admissible to prove:
- Propensity to commit the charged crime
- Motive, opportunity, intent, or plan when relevant to an issue in dispute (Correct answer)
- General bad character of the defendant
- Any matter the prosecution deems probative
Correct answer: Motive, opportunity, intent, or plan when relevant to an issue in dispute
Article 404(B) allows other-acts evidence for non-propensity purposes such as motive, opportunity, intent, knowledge, identity, or absence of mistake.
Question 2: Which of the following out-of-court statements is classified as non-hearsay under the Louisiana Code of Evidence?
- A bystander's description of an accident offered to prove it happened as described
- A party opponent's admission offered against that party at trial (Correct answer)
- A witness's prior consistent statement offered solely to prove the truth of what was said
- A customer's complaint letter offered to prove the defect existed
Correct answer: A party opponent's admission offered against that party at trial
Under LCE Article 801(D)(2), an admission by a party opponent offered against that party is expressly classified as non-hearsay.
Question 3: The attorney-client privilege under Louisiana law protects:
- All conversations between an attorney and any person the attorney interviews
- Confidential communications between attorney and client made for purposes of obtaining or rendering legal advice (Correct answer)
- Any document in an attorney's physical possession
- Communications between co-defendants meeting without an attorney present
Correct answer: Confidential communications between attorney and client made for purposes of obtaining or rendering legal advice
Louisiana's attorney-client privilege covers only confidential communications between the attorney and their client made in the course of seeking or rendering legal advice.
Question 4: Under Louisiana law, the marital communications privilege:
- Applies only while the marriage is ongoing and terminates upon divorce
- Protects confidential communications made during the marriage and survives dissolution of the marriage (Correct answer)
- Covers all statements between spouses regardless of whether they were confidential
- May be waived only by both spouses jointly in all circumstances
Correct answer: Protects confidential communications made during the marriage and survives dissolution of the marriage
Louisiana's marital communications privilege attaches to confidential marital communications and survives the end of the marriage.
Question 5: Under Louisiana Code of Evidence Article 803(2), an excited utterance is admissible when the statement:
- Is made by any eyewitness to the startling event within one hour
- Relates to a startling event and was made while the declarant was under the stress of excitement caused by it (Correct answer)
- Is corroborated by other independent evidence of the event
- Is spontaneously made by someone with firsthand knowledge, regardless of time elapsed
Correct answer: Relates to a startling event and was made while the declarant was under the stress of excitement caused by it
Article 803(2) requires that the statement relate to a startling event and be made while the declarant was still under the stress of excitement it caused.
Question 6: Louisiana's rape shield law (LCE Article 412) generally makes evidence of an alleged victim's past sexual behavior:
- Admissible whenever the defendant asserts a consent defense
- Inadmissible, subject to narrow exceptions such as showing the source of physical evidence (Correct answer)
- Admissible after an in camera hearing whenever the court finds it relevant
- Admissible if the prosecution first introduces the victim's sexual history
Correct answer: Inadmissible, subject to narrow exceptions such as showing the source of physical evidence
Article 412 bars past sexual behavior evidence as a general rule, permitting it only in limited circumstances such as to show the source of physical evidence or prior consensual acts with the accused.
Question 7: Under Louisiana law, which of the following is a recognized exception to the physician-patient privilege?
- When the physician is employed by the defendant's insurance company
- When the patient places their physical or mental condition directly at issue in litigation (Correct answer)
- When the examination was conducted by more than one physician simultaneously
- When a family member was present during the medical consultation
Correct answer: When the patient places their physical or mental condition directly at issue in litigation
A patient who places their physical or mental condition at issue in litigation is deemed to have waived the physician-patient privilege as to that condition.
LA Bar Evidence 2
Under Louisiana Code of Evidence Article 404(B), evidence of other crimes, wrongs, or acts committed by a defendant is admissible to prove: