LA Bar Evidence 3

Question 1

Under Louisiana Code of Evidence Article 702, expert testimony is properly admitted when:

Accepted Answer

Scientific, technical, or other specialized knowledge will assist the trier of fact to understand or decide a fact in issue

Answer

Article 702 permits expert testimony whenever specialized knowledge—regardless of how acquired—will help the trier of fact understand the evidence or determine a fact in issue.

Question 2

The best evidence rule under Louisiana law requires production of the original writing when:

Accepted Answer

The contents of a writing, recording, or photograph are directly at issue in the case

Answer

Louisiana's best evidence rule applies when a party seeks to prove the terms or contents of a writing, recording, or photograph, requiring production of the original absent a valid excuse.

Question 3

Under Louisiana law, authentication of a document or item of evidence requires:

Accepted Answer

Evidence sufficient to support a finding that the item is what the proponent claims it to be

Answer

Authentication under LCE Article 901 requires only that the proponent produce evidence sufficient for the factfinder to conclude the item is what is claimed—no single method is mandated.

Question 4

A lay witness in Louisiana may offer opinion testimony that is:

Accepted Answer

Rationally based on the witness's own perception and helpful to the clear understanding of testimony or determination of a fact in issue

Answer

LCE Article 701 allows lay witness opinions that are rationally grounded in personal perception and helpful to the trier of fact, without requiring formal expert qualification.

Question 5

Under Louisiana Code of Evidence Article 901(B)(5), which of the following properly authenticates a telephone call?

Accepted Answer

Voice identification by a witness who is familiar with the speaker's voice from prior contact

Answer

Voice identification by a witness who recognizes the speaker's voice from sufficient prior familiarity is an acceptable authentication method under Article 901(B)(5).

(LA Bar) Louisiana Bar Exam Practice Test

(LA Bar) Louisiana Bar Exam Practice Test

LA Bar Evidence 3