MN Bar Evidence and Trial Practice 2 — Questions and Answers
Question 1: Under the Minnesota Rules of Evidence, a lay witness opinion is admissible if it is:
- Based on specialized technical knowledge
- Rationally based on the witness's perception, helpful to the fact-finder, and not based on scientific expertise (Correct answer)
- Disclosed to opposing counsel 30 days before trial
- Corroborated by an expert witness
Correct answer: Rationally based on the witness's perception, helpful to the fact-finder, and not based on scientific expertise
Under Minn. R. Evid. 701, lay opinion must be rationally based on perception, helpful to understanding testimony or a fact in issue, and not require specialized knowledge.
Question 2: Under Minnesota Rule of Evidence 404(b), evidence of prior bad acts may be admitted to prove:
- Character to show action in conformity therewith
- Motive, opportunity, intent, plan, knowledge, identity, or absence of mistake (Correct answer)
- The defendant's propensity for violence
- Any relevant purpose determined by the court
Correct answer: Motive, opportunity, intent, plan, knowledge, identity, or absence of mistake
Minn. R. Evid. 404(b) prohibits prior acts evidence to prove character or propensity but allows it for enumerated non-character purposes such as motive, intent, or identity.
Question 3: In a Minnesota civil case, the burden of proof for most claims is:
- Beyond a reasonable doubt
- Clear and convincing evidence
- Preponderance of the evidence (Correct answer)
- Substantial evidence
Correct answer: Preponderance of the evidence
The standard civil burden of proof in Minnesota is preponderance of the evidence — more likely than not — meaning greater than 50% probability.
Question 4: Under Minnesota Rule of Evidence 702, expert testimony is admissible when:
- The expert has a doctorate degree
- The testimony is based on sufficient facts, reliable methods, and the methods were reliably applied (Correct answer)
- The opinion matches the prevailing scientific consensus
- The expert has testified in court before
Correct answer: The testimony is based on sufficient facts, reliable methods, and the methods were reliably applied
Minnesota follows a Daubert-like reliability standard under Rule 702, requiring that expert testimony rest on sufficient facts, reliable methods, and reliable application of those methods.
Question 5: Under Minnesota law, which privilege protects communications between spouses made during the marriage from compelled disclosure?
- Marital confidential communications privilege (Correct answer)
- Spousal testimonial privilege only
- Work product doctrine
- Fifth Amendment privilege
Correct answer: Marital confidential communications privilege
Minnesota recognizes the marital confidential communications privilege, which protects private communications between spouses made during the marriage from compelled disclosure.
Question 6: Under Minnesota law, which document qualifies as a business record exception to hearsay under Rule 803(6)?
- A personal diary kept by an employee
- A record made at or near the time of the event by someone with knowledge, kept in the course of a regularly conducted business activity (Correct answer)
- An email sent by a third party to the company
- A post-accident report prepared in anticipation of litigation
Correct answer: A record made at or near the time of the event by someone with knowledge, kept in the course of a regularly conducted business activity
The business records exception under Minn. R. Evid. 803(6) requires a record made at or near the time by a person with knowledge, kept in a regular business activity, and authenticated by a qualified witness.
MN Bar Evidence and Trial Practice 2
Under the Minnesota Rules of Evidence, a lay witness opinion is admissible if it is: