Evidence and Trial Practice Flashcards

Under the Minnesota Rules of Evidence, relevant evidence is defined as evidence that:

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.

Under Minnesota Rule of Evidence 403, relevant evidence may be excluded if:

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.

Under the Minnesota Rules of Evidence, hearsay is defined as:

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.

Which of the following is a hearsay exception under Minnesota Rule of Evidence 803 that does NOT require the declarant's unavailability?

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.

Under Minnesota law, the attorney-client privilege protects:

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.

Under Minnesota Rule of Evidence 615, a court may exclude witnesses from the courtroom during testimony to:

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.