MN Bar Evidence and Trial Practice 1 — Questions and Answers
Question 1: Under the Minnesota Rules of Evidence, relevant evidence is defined as evidence that:
- Makes any fact more or less probable than it would be without the evidence, and the fact is of consequence (Correct answer)
- Is directly related to the ultimate issue in the case
- Has been authenticated by an expert
- Is offered by the party with the burden of proof
Correct answer: Makes any fact more or less probable than it would be without the evidence, and the fact is of consequence
Under Minn. R. Evid. 401, relevant evidence makes a fact of consequence to the action more or less probable than without the evidence.
Question 2: Under Minnesota Rule of Evidence 403, relevant evidence may be excluded if:
- It is offered by the opposing party
- Its probative value is substantially outweighed by danger of unfair prejudice, confusion, or misleading the jury (Correct answer)
- It relates to a prior bad act
- The opposing party objects
Correct answer: Its probative value is substantially outweighed by danger of unfair prejudice, confusion, or misleading the jury
Minn. R. Evid. 403 permits exclusion of relevant evidence when its probative value is substantially outweighed by the risk of unfair prejudice, confusion, or waste of time.
Question 3: Under the Minnesota Rules of Evidence, hearsay is defined as:
- Any statement made by a witness outside of court
- An out-of-court statement offered to prove the truth of the matter asserted (Correct answer)
- A written document not authenticated at trial
- Testimony from an expert witness
Correct answer: An out-of-court statement offered to prove the truth of the matter asserted
Under Minn. R. Evid. 801(c), hearsay is an out-of-court statement offered to prove the truth of the matter it asserts.
Question 4: Which of the following is a hearsay exception under Minnesota Rule of Evidence 803 that does NOT require the declarant's unavailability?
- Dying declaration
- Testimony from a prior proceeding
- Present sense impression (Correct answer)
- Statement against penal interest
Correct answer: Present sense impression
Present sense impression under Minn. R. Evid. 803(1) is a hearsay exception available regardless of the declarant's availability, unlike exceptions under Rule 804.
Question 5: Under Minnesota law, the attorney-client privilege protects:
- All communications between a lawyer and any third party
- Confidential communications between attorney and client made for the purpose of obtaining legal advice (Correct answer)
- Documents prepared by the client alone
- Communications made in the presence of third parties
Correct answer: Confidential communications between attorney and client made for the purpose of obtaining legal advice
Minnesota's attorney-client privilege protects confidential communications between client and attorney made for the purpose of facilitating legal representation.
Question 6: Under Minnesota Rule of Evidence 615, a court may exclude witnesses from the courtroom during testimony to:
- Protect witnesses from cross-examination
- Prevent witnesses from tailoring their testimony based on what others say (Correct answer)
- Allow only expert witnesses to testify
- Limit the number of witnesses presented
Correct answer: Prevent witnesses from tailoring their testimony based on what others say
Minn. R. Evid. 615 (sequestration of witnesses) is designed to prevent witnesses from shaping their testimony based on hearing other witnesses testify.
MN Bar Evidence and Trial Practice 1
Under the Minnesota Rules of Evidence, relevant evidence is defined as evidence that: