Multistate Bar Exam Evidence 3

Question 1

An attorney-client communication is protected by privilege. Which of the following would DESTROY the privilege?

Accepted Answer

The communication is made in the presence of a third party not essential to the representation

Answer

The presence of unnecessary third parties destroys the confidentiality requirement of the attorney-client privilege.

Question 2

A defendant in a criminal trial does not testify. The prosecutor in closing argument comments, 'The defendant chose not to explain away the evidence.' This violates:

Accepted Answer

The defendant's Fifth Amendment right against self-incrimination

Answer

The Fifth Amendment, along with FRE 513 and Griffin v. California, prohibits adverse comment on a criminal defendant's failure to testify.

Question 3

A court must determine whether a contract was formed. Witness testimony and written documents are introduced. Which standard applies to this preliminary question of fact?

Accepted Answer

Preponderance of the evidence under FRE 104(a)

Answer

Under FRE 104(a), the court determines preliminary questions of fact regarding admissibility under a preponderance of the evidence standard.

Question 4

A plaintiff introduces the defendant's apology letter stating 'I'm sorry for what happened, it was my fault.' Under FRE 801(d)(2), this is:

Accepted Answer

Admissible as an opposing party's statement (admission)

Answer

Under FRE 801(d)(2), a statement made by the opposing party and offered against that party is defined as non-hearsay.

Question 5

A forensic expert testifies about DNA evidence in a murder trial. The judge must determine if the expert's methodology is admissible under:

Accepted Answer

The Daubert standard, requiring reliability and relevance

Answer

Under Daubert v. Merrell Dow Pharmaceuticals and FRE 702, the judge acts as gatekeeper to ensure expert testimony is based on reliable methodology.

Multistate Bar Exam Practice Test

Multistate Bar Exam Practice Test

Multistate Bar Exam Evidence 3