NC Bar Evidence 2

Question 1

Under FRE 801(d)(2), a party admission is classified as:

Accepted Answer

Non-hearsay — a party's own statement offered against that party

Answer

A hearsay exception requiring unavailability

Answer

Admissible only with corroboration

Answer

A prior inconsistent statement

Question 2

The excited utterance exception (FRE 803(2)) requires that the statement:

Accepted Answer

Relate to a startling event while the declarant was still under its stress

Answer

Be made immediately after the startling event

Answer

Be made to a law enforcement officer

Answer

Be corroborated by independent evidence

Question 3

Under FRE 407, evidence of subsequent remedial measures is inadmissible to prove:

Accepted Answer

Negligence or culpable conduct

Answer

Ownership or control of the instrumentality

Answer

Feasibility of precautionary measures if disputed

Answer

Impeachment of a witness

Question 4

Character evidence of a victim's prior sexual behavior in a rape case is governed by:

Accepted Answer

FRE 412 (the Rape Shield Rule)

Answer

FRE 404(a)

Answer

FRE 608

Answer

FRE 415

Question 5

Under FRE 702, expert testimony is admissible if the expert's opinion is based on sufficient facts, reliable methods, and:

Accepted Answer

The expert's opinion reliably applies the methods to the facts of the case

Answer

Published peer-reviewed research only

Answer

Universal acceptance in the relevant scientific community

Answer

Approval by the opposing party's expert

Question 6

The present sense impression exception (FRE 803(1)) allows statements made:

Accepted Answer

While or immediately after the declarant perceived an event

Answer

During a medical emergency to a treating physician

Answer

Under oath in a prior proceeding

Answer

In the course of a business record