NC Bar Evidence 2 — Questions and Answers
Question 1: Under FRE 801(d)(2), a party admission is classified as:
- A hearsay exception requiring unavailability
- Non-hearsay — a party's own statement offered against that party (Correct answer)
- Admissible only with corroboration
- A prior inconsistent statement
Correct answer: Non-hearsay — a party's own statement offered against that party
FRE 801(d)(2) defines party admissions as non-hearsay; a party's own statements offered against them are by definition not hearsay.
Question 2: The excited utterance exception (FRE 803(2)) requires that the statement:
- Be made immediately after the startling event
- Relate to a startling event while the declarant was still under its stress (Correct answer)
- Be made to a law enforcement officer
- Be corroborated by independent evidence
Correct answer: Relate to a startling event while the declarant was still under its stress
An excited utterance must relate to a startling event and be made while the declarant is still under the stress or excitement of that event.
Question 3: Under FRE 407, evidence of subsequent remedial measures is inadmissible to prove:
- Ownership or control of the instrumentality
- Feasibility of precautionary measures if disputed
- Negligence or culpable conduct (Correct answer)
- Impeachment of a witness
Correct answer: Negligence or culpable conduct
FRE 407 bars subsequent remedial measures as proof of negligence or culpable conduct, though they may be admitted for other purposes like proving ownership.
Question 4: Character evidence of a victim's prior sexual behavior in a rape case is governed by:
- FRE 404(a)
- FRE 608
- FRE 412 (the Rape Shield Rule) (Correct answer)
- FRE 415
Correct answer: FRE 412 (the Rape Shield Rule)
FRE 412 (the Rape Shield Rule) generally bars evidence of a victim's prior sexual behavior or predisposition in civil and criminal cases involving sexual misconduct.
Question 5: Under FRE 702, expert testimony is admissible if the expert's opinion is based on sufficient facts, reliable methods, and:
- Published peer-reviewed research only
- The expert's opinion reliably applies the methods to the facts of the case (Correct answer)
- Universal acceptance in the relevant scientific community
- Approval by the opposing party's expert
Correct answer: The expert's opinion reliably applies the methods to the facts of the case
Post-Daubert, FRE 702 requires that the expert reliably apply the methodology to the case facts, not just that the methodology is valid in isolation.
Question 6: The present sense impression exception (FRE 803(1)) allows statements made:
- During a medical emergency to a treating physician
- While or immediately after the declarant perceived an event (Correct answer)
- Under oath in a prior proceeding
- In the course of a business record
Correct answer: While or immediately after the declarant perceived an event
FRE 803(1) covers statements describing an event made while perceiving it or immediately thereafter, ensuring minimal time for fabrication.
NC Bar Evidence 2
Under FRE 801(d)(2), a party admission is classified as: