Evidence and Trial Practice Flashcards

Under the Minnesota Rules of Evidence, a lay witness opinion is admissible if it is:

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.

Under Minnesota Rule of Evidence 404(b), evidence of prior bad acts may be admitted to prove:

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.

In a Minnesota civil case, the burden of proof for most claims is:

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.

Under Minnesota Rule of Evidence 702, expert testimony is admissible when:

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.

Under Minnesota law, which privilege protects communications between spouses made during the marriage from compelled disclosure?

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.

Under Minnesota law, which document qualifies as a business record exception to hearsay under Rule 803(6)?

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.