MA Bar Evidence 2

Question 1

Under FRE 404(b), evidence of prior bad acts may be admissible for purposes such as:

Accepted Answer

Proving motive, opportunity, intent, knowledge, or identity

Answer

Showing the defendant's propensity to commit crimes

Answer

Impeaching the credibility of any witness

Answer

Proving the defendant's character generally

Question 2

The present sense impression hearsay exception requires the statement to be made:

Accepted Answer

Immediately or very shortly after the event being described

Answer

Within 24 hours of the event

Answer

In writing at the scene

Answer

By an eyewitness who is unavailable at trial

Question 3

Lay witness opinion testimony is admissible if it is:

Accepted Answer

Rationally based on the witness's own perceptions and helpful to the trier of fact

Answer

Based on scientific knowledge

Answer

Corroborated by an expert

Answer

Disclosed in an expert report

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:

Accepted Answer

The testifying spouse, who may choose whether to testify

Answer

The defendant spouse exclusively

Answer

Both spouses jointly — both must consent

Answer

The court, which determines whether the privilege applies

Question 5

A statement made for purposes of medical diagnosis or treatment is admissible under which hearsay exception?

Accepted Answer

Statement for medical diagnosis or treatment

Answer

Excited utterance

Answer

Present sense impression

Answer

Dying declaration

Question 6

Judicial notice allows a court to accept a fact as true without formal proof if the fact is:

Accepted Answer

Not subject to reasonable dispute and is either generally known or verifiable from reliable sources

Answer

Supported by expert testimony

Answer

Admitted by the opposing party in a prior proceeding

Answer

Established by a preponderance of the evidence