Evidence Flashcards

Under the Federal Rules of Evidence, hearsay is generally defined as an out-of-court statement offered to prove:

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.

The excited utterance exception to hearsay requires that:

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.

Under Massachusetts Guide to Evidence, a prior consistent statement by a witness is admissible to rehabilitate the witness's credibility when:

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.

The attorney-client privilege protects communications that are:

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.

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?

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.

Under the best evidence rule, which must be produced to prove the contents of a writing?

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.