MA Bar Evidence 1 — Questions and Answers
Question 1: Under the Federal Rules of Evidence, hearsay is generally defined as an out-of-court statement offered to prove:
- The declarant's state of mind
- The truth of the matter asserted (Correct answer)
- The effect on the listener
- Prior inconsistent statements only
Correct answer: The truth of the matter asserted
Hearsay under FRE 801 is an out-of-court statement offered to prove the truth of the matter asserted, and it is generally inadmissible under FRE 802.
Question 2: The excited utterance exception to hearsay requires that:
- The statement be made in writing
- The declarant be unavailable at trial
- The statement relate to a startling event and be made while under the stress of excitement (Correct answer)
- The statement be corroborated by physical evidence
Correct answer: The statement relate to a startling event and be made while under the stress of excitement
Under FRE 803(2), an excited utterance is a statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event.
Question 3: Under Massachusetts Guide to Evidence, a prior consistent statement by a witness is admissible to rehabilitate the witness's credibility when:
- Any attack on credibility has been made
- The prior statement was made before a motive to fabricate arose, and the opposing party has charged fabrication or improper motive (Correct answer)
- The witness has testified inconsistently on direct
- The prior statement was made under oath at a formal proceeding
Correct answer: The prior statement was made before a motive to fabricate arose, and the opposing party has charged fabrication or improper motive
Under the Massachusetts Guide to Evidence, a prior consistent statement is admissible for rehabilitation when an opposing party has charged recent fabrication and the statement predates the motive to fabricate.
Question 4: The attorney-client privilege protects communications that are:
- Made in the presence of third parties
- Between an attorney and client, made in confidence, for the purpose of obtaining legal advice (Correct answer)
- Made during court proceedings on the record
- Contained in public documents
Correct answer: Between an attorney and client, made in confidence, for the purpose of obtaining legal advice
The attorney-client privilege covers confidential communications between attorney and client made for the purpose of obtaining or providing legal advice, and does not apply when third parties are present.
Question 5: Which rule governs the admissibility of character evidence in a civil case to prove that a person acted in conformity with their character on a specific occasion?
- Character evidence is freely admissible in civil cases
- Character evidence is generally inadmissible to prove conduct in civil cases (Correct answer)
- Character evidence is admissible only if the party opens the door
- Character evidence requires expert testimony in civil cases
Correct answer: Character evidence is generally inadmissible to prove conduct in civil cases
Under FRE 404(a)(1), character evidence is generally not admissible in civil cases to prove that a person acted in conformity with the character trait on the occasion in question.
Question 6: Under the best evidence rule, which must be produced to prove the contents of a writing?
- A notarized copy
- A sworn summary
- The original document, or an acceptable duplicate (Correct answer)
- Testimony of a witness who read the document
Correct answer: The original document, or an acceptable duplicate
The best evidence rule (FRE 1002) requires the original writing to prove its contents, though FRE 1003 allows admissible duplicates unless authenticity or fairness is genuinely in question.
MA Bar Evidence 1
Under the Federal Rules of Evidence, hearsay is generally defined as an out-of-court statement offered to prove: