MA Bar Evidence 2 — Questions and Answers
Question 1: Under FRE 404(b), evidence of prior bad acts may be admissible for purposes such as:
- Showing the defendant's propensity to commit crimes
- Proving motive, opportunity, intent, knowledge, or identity (Correct answer)
- Impeaching the credibility of any witness
- Proving the defendant's character generally
Correct answer: Proving motive, opportunity, intent, knowledge, or identity
FRE 404(b) bars prior bad acts to prove propensity but permits such evidence to prove motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake.
Question 2: The present sense impression hearsay exception requires the statement to be made:
- Within 24 hours of the event
- Immediately or very shortly after the event being described (Correct answer)
- In writing at the scene
- By an eyewitness who is unavailable at trial
Correct answer: Immediately or very shortly after the event being described
Under FRE 803(1), a present sense impression is a statement describing or explaining an event made immediately or very shortly after the declarant perceived it.
Question 3: Lay witness opinion testimony is admissible if it is:
- Based on scientific knowledge
- Rationally based on the witness's own perceptions and helpful to the trier of fact (Correct answer)
- Corroborated by an expert
- Disclosed in an expert report
Correct answer: Rationally based on the witness's own perceptions and helpful to the trier of fact
Under FRE 701, lay witness opinion must be rationally based on the witness's own perception, helpful to understanding their testimony or determining a fact in issue, and not based on specialized knowledge.
Question 4: Under Massachusetts Guide to Evidence, the marital privilege allowing a spouse to refuse to testify against the other spouse in a criminal case belongs to:
- The defendant spouse exclusively
- The testifying spouse, who may choose whether to testify (Correct answer)
- Both spouses jointly — both must consent
- The court, which determines whether the privilege applies
Correct answer: The testifying spouse, who may choose whether to testify
In Massachusetts criminal cases, the anti-marital privilege belongs to the testifying spouse, who may independently choose whether to testify against their spouse.
Question 5: A statement made for purposes of medical diagnosis or treatment is admissible under which hearsay exception?
- Excited utterance
- Present sense impression
- Dying declaration
- Statement for medical diagnosis or treatment (Correct answer)
Correct answer: Statement for medical diagnosis or treatment
Under FRE 803(4), statements made for purposes of medical diagnosis or treatment are admissible as an exception to hearsay because the declarant has a strong motive to tell the truth.
Question 6: Judicial notice allows a court to accept a fact as true without formal proof if the fact is:
- Supported by expert testimony
- Not subject to reasonable dispute and is either generally known or verifiable from reliable sources (Correct answer)
- Admitted by the opposing party in a prior proceeding
- Established by a preponderance of the evidence
Correct answer: Not subject to reasonable dispute and is either generally known or verifiable from reliable sources
Under FRE 201, judicial notice is proper for adjudicative facts not subject to reasonable dispute that are either generally known in the community or accurately and readily verifiable from reliable sources.
MA Bar Evidence 2
Under FRE 404(b), evidence of prior bad acts may be admissible for purposes such as: