Evidence Flashcards
7 cards from real Multistate Bar Exam practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Evidence flashcards as text
A murder victim's statement to a 911 operator saying 'My husband is trying to kill me!' is sought to be admitted after the victim dies. Under Crawford v. Washington, this statement is:
Answer: Non-testimonial and admissible because it was made under emergency circumstances
Under Davis v. Washington, statements made to enable police to respond to an ongoing emergency are non-testimonial and not barred by the Confrontation Clause.
A defendant charged with sexual assault seeks to introduce evidence of the victim's prior sexual conduct. Under FRE 412 (Rape Shield), this evidence is:
Answer: Generally inadmissible, with narrow exceptions
FRE 412 (the rape shield law) generally bars evidence of a victim's other sexual behavior or predisposition, with narrow exceptions.
A police officer testifies that he arrested defendant based on information from a reliable informant. The defendant seeks to compel disclosure of the informant's identity. The government invokes the informer's privilege. The court will:
Answer: Balance the public interest in protecting informants against the defendant's need for disclosure
Courts balance the government's interest in protecting informant identities against the defendant's need to prepare a defense, sometimes allowing in camera review.
Which of the following is NOT an element required for the dying declaration exception under FRE 804(b)(2)?
Answer: The declarant must have actually died before trial
FRE 804(b)(2) does not require actual death; the declarant need only have believed death was imminent, but must be unavailable (which can include incompetency or other reasons).
During trial, a party attempts to impeach their own witness after the witness gives damaging testimony. Under FRE 607:
Answer: A party may impeach any witness, including their own
FRE 607 abolished the common law voucher rule and permits any party, including the calling party, to impeach any witness.
A corporation's internal audit report prepared after a workplace accident is sought in discovery. If prepared primarily in anticipation of litigation, it may be protected under:
Answer: The work-product doctrine under FRCP 26(b)(3)
Documents prepared in anticipation of litigation are protected by the work-product doctrine, providing qualified protection from discovery.
A lay witness testifies that in her opinion, the defendant 'seemed intoxicated.' This opinion testimony is:
Answer: Admissible under FRE 701 as rationally based on personal perception
FRE 701 permits lay witness opinion testimony that is rationally based on the witness's own perception and helpful to understanding the testimony.