MS Bar MS Bar Evidence 2 — Questions and Answers
Question 1: Under the Mississippi Rules of Evidence, which standard governs the admissibility of expert testimony?
- The Frye general acceptance test exclusively
- The Daubert reliability and relevance standard (Correct answer)
- Any qualified expert may testify on any subject
- Expert testimony is always admitted and goes to weight only
Correct answer: The Daubert reliability and relevance standard
Mississippi adopted the Daubert standard, requiring trial courts to assess the reliability and relevance of expert testimony before admission.
Question 2: Under Mississippi Rule of Evidence 803(6), business records are admissible as an exception to the hearsay rule when they are:
- Any document created by a business entity
- Records kept in the regular course of business, made at or near the time of the event by a person with knowledge (Correct answer)
- Documents authenticated by a notary public
- Records produced by a government agency only
Correct answer: Records kept in the regular course of business, made at or near the time of the event by a person with knowledge
The business records exception requires that records be kept in the regular course of business, made at or near the time of the event by someone with personal knowledge.
Question 3: In Mississippi, the 'best evidence rule' (MRE 1002) requires which of the following?
- The most persuasive evidence must always be offered
- The original document must be produced to prove its content unless an exception applies (Correct answer)
- Electronic copies are never admissible
- Witnesses must have firsthand knowledge of all facts
Correct answer: The original document must be produced to prove its content unless an exception applies
The best evidence rule requires that the original writing, recording, or photograph must be produced to prove its content absent a recognized exception.
Question 4: Under Mississippi Rule of Evidence 407, subsequent remedial measures are inadmissible to prove:
- A party's financial condition
- Negligence or culpable conduct in connection with the injury (Correct answer)
- The existence of a contract
- A witness's prior inconsistent statement
Correct answer: Negligence or culpable conduct in connection with the injury
MRE 407 bars evidence of subsequent remedial measures when offered to prove negligence or culpable conduct, encouraging safety improvements.
Question 5: Under the Mississippi Rules of Evidence, which privilege protects confidential communications between spouses during a valid marriage?
- The spousal testimonial privilege only
- The marital communications privilege
- Both the spousal testimonial and marital communications privileges exist separately (Correct answer)
- No marital privilege exists in Mississippi
Correct answer: Both the spousal testimonial and marital communications privileges exist separately
Mississippi recognizes both the spousal testimonial privilege (not to testify against a spouse) and the marital communications privilege (protecting confidential marital communications).
Question 6: Under Mississippi Rule of Evidence 801(d)(2), which of the following is NOT hearsay?
- A witness's prior consistent statement made before trial
- An admission by a party-opponent (Correct answer)
- A statement by a non-party witness
- A business record created by a third party
Correct answer: An admission by a party-opponent
Under MRE 801(d)(2), a party's own out-of-court statement offered against them is classified as a party admission and is not hearsay.
MS Bar MS Bar Evidence 2
Under the Mississippi Rules of Evidence, which standard governs the admissibility of expert testimony?