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

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:

Accepted Answer

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

Answer

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:

Accepted Answer

Negligence or culpable conduct

Answer

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:

Accepted Answer

FRE 412 (the Rape Shield Rule)

Answer

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:

Accepted Answer

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

Answer

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.

NC Bar - North Carolina Bar Exam Practice Test

NC Bar - North Carolina Bar Exam Practice Test

NC Bar Evidence 2