NC Bar Evidence

Question 1

Under the Federal Rules of Evidence (applicable on the NC Bar), hearsay is defined as:

Accepted Answer

An out-of-court statement offered to prove the truth of the matter asserted

Answer

Any out-of-court statement

Answer

A statement made by a witness who is unavailable

Answer

A statement made without personal knowledge

Question 2

The attorney-client privilege protects confidential communications between attorney and client. Which of the following BREAKS the privilege?

Accepted Answer

Voluntary disclosure of the communication to a third party

Answer

Sharing information with a necessary third-party consultant

Answer

Communicating through an intermediary employee

Answer

Discussing the communication with a co-counsel

Question 3

Under FRE 404(b), evidence of prior bad acts is inadmissible to prove character but may be admissible to show:

Accepted Answer

Motive, opportunity, intent, or absence of mistake

Answer

Propensity to commit the charged crime

Answer

General bad character of the defendant

Answer

The defendant's reputation in the community

Question 4

The best evidence rule (FRE 1002) generally requires production of the original document when:

Accepted Answer

A party seeks to prove the content of a writing, recording, or photograph

Answer

Any witness testifies about past events

Answer

Secondary evidence is less reliable

Answer

A document is more than five years old

Question 5

A dying declaration is admissible as an exception to the hearsay rule when the declarant:

Accepted Answer

Believed death was imminent and the statement concerned the cause or circumstances of that death

Answer

Is unavailable and the statement was made during a serious illness

Answer

Is a crime victim who later recovered

Answer

Made the statement to a physician

Question 6

Lay witness opinion testimony under FRE 701 is admissible only if it is:

Accepted Answer

Rationally based on the witness's perception and helpful to understanding the testimony

Answer

Based on scientific, technical, or specialized knowledge

Answer

Provided by an expert qualified under FRE 702

Answer

Corroborated by documentary evidence