Multistate Bar Exam Evidence 5

Question 1

Under the best evidence rule (FRE 1002), which of the following is correct?

Accepted Answer

An original writing must be produced to prove its contents unless an exception applies

Answer

FRE 1002 requires production of the original writing to prove its contents, but FRE 1003–1004 provide exceptions for duplicates and when originals are unavailable.

Question 2

In a products liability case, plaintiff offers expert testimony that the product was defectively designed. The expert bases his opinion solely on other experts' reports not in evidence. Under FRE 703, this is:

Accepted Answer

Admissible if experts in the field reasonably rely on such reports

Answer

FRE 703 allows experts to base opinions on facts or data that experts in the field reasonably rely upon, even if not independently admissible.

Question 3

A spouse is called to testify against her husband in a federal criminal case. Regarding the adverse spousal testimony privilege:

Accepted Answer

The testifying spouse holds the privilege and may refuse to testify

Answer

Under Trammel v. United States, in federal courts the witness-spouse holds the adverse spousal testimony privilege and may choose to testify or refuse.

Question 4

A statement made by an employee to her employer's attorney during an internal investigation is sought in litigation. Under Upjohn Co. v. United States, the attorney-client privilege:

Accepted Answer

Extends to employee communications made to assist counsel in providing legal advice

Answer

Upjohn extended the corporate attorney-client privilege to communications with lower-level employees when made to assist counsel in advising the company.

Question 5

A trial court admits evidence over a proper objection. For an appellate court to reverse on evidentiary grounds, the appellant must show:

Accepted Answer

The error affected a substantial right — i.e., was not harmless error

Answer

Under FRE 103(a), an error in admitting or excluding evidence requires reversal only if it affects a substantial right of the party — the harmless error standard.

Multistate Bar Exam Practice Test

Multistate Bar Exam Practice Test

Multistate Bar Exam Evidence 5