NC Bar Evidence 3

Question 1

Under FRE 609, a witness's prior felony conviction is admissible for impeachment if it is:

Accepted Answer

Less than 10 years old (from conviction or release) and its probative value outweighs its prejudicial effect

Answer

Under FRE 609(a)(1), a prior felony conviction is admissible for impeachment if within 10 years and if probative value outweighs prejudice to the party (for non-defendant witnesses, if probative value simply is not substantially outweighed by unfair prejudice).

Question 2

Which of the following is NOT a recognized exception to the attorney-client privilege?

Accepted Answer

Inadvertent disclosure with reasonable precautions

Answer

Inadvertent disclosure with reasonable precautions may be protected under the clawback provisions of FRE 502, but is not itself an exception to the privilege.

Question 3

In North Carolina, the Dead Man's Statute affects testimony about transactions with a deceased party by:

Accepted Answer

Barring interested parties from testifying about personal transactions with the deceased

Answer

North Carolina's Dead Man's Statute bars interested parties from testifying about personal transactions or communications with a deceased person in certain civil proceedings.

Question 4

Relevant evidence under FRE 401 is defined as evidence that:

Accepted Answer

Has any tendency to make a material fact more or less probable

Answer

FRE 401 sets a low threshold — evidence is relevant if it makes any consequential fact even slightly more or less probable than it would be without the evidence.

Question 5

Under FRE 613, a prior inconsistent statement of a witness is admissible:

Accepted Answer

To impeach the witness, and as substantive evidence if it meets the requirements of FRE 801(d)(1)(A)

Answer

A prior inconsistent statement can always impeach credibility; under FRE 801(d)(1)(A), it is also substantive evidence if made under oath at a prior proceeding.

NC Bar - North Carolina Bar Exam Practice Test

NC Bar - North Carolina Bar Exam Practice Test

NC Bar Evidence 3