NC Bar Evidence 1 — Questions and Answers
Question 1: Under the Federal Rules of Evidence (applicable on the NC Bar), hearsay is defined as:
- Any out-of-court statement
- An out-of-court statement offered to prove the truth of the matter asserted (Correct answer)
- A statement made by a witness who is unavailable
- A statement made without personal knowledge
Correct answer: An out-of-court statement offered to prove the truth of the matter asserted
FRE 801 defines hearsay as an out-of-court statement offered for its truth; statements offered for other purposes (e.g., effect on listener) are not hearsay.
Question 2: The attorney-client privilege protects confidential communications between attorney and client. Which of the following BREAKS the privilege?
- Sharing information with a necessary third-party consultant
- Communicating through an intermediary employee
- Voluntary disclosure of the communication to a third party (Correct answer)
- Discussing the communication with a co-counsel
Correct answer: Voluntary disclosure of the communication to a third party
Voluntary disclosure of a privileged communication to a third party outside the privilege waives the attorney-client privilege.
Question 3: Under FRE 404(b), evidence of prior bad acts is inadmissible to prove character but may be admissible to show:
- Propensity to commit the charged crime
- General bad character of the defendant
- Motive, opportunity, intent, or absence of mistake (Correct answer)
- The defendant's reputation in the community
Correct answer: Motive, opportunity, intent, or absence of mistake
FRE 404(b) allows prior act evidence for non-propensity purposes such as proving motive, intent, knowledge, identity, or absence of mistake.
Question 4: The best evidence rule (FRE 1002) generally requires production of the original document when:
- Any witness testifies about past events
- A party seeks to prove the content of a writing, recording, or photograph (Correct answer)
- Secondary evidence is less reliable
- A document is more than five years old
Correct answer: A party seeks to prove the content of a writing, recording, or photograph
The original writing rule requires the original document (or a duplicate) to prove the contents of a writing, recording, or photograph.
Question 5: A dying declaration is admissible as an exception to the hearsay rule when the declarant:
- Is unavailable and the statement was made during a serious illness
- Believed death was imminent and the statement concerned the cause or circumstances of that death (Correct answer)
- Is a crime victim who later recovered
- Made the statement to a physician
Correct answer: Believed death was imminent and the statement concerned the cause or circumstances of that death
Under FRE 804(b)(2), a dying declaration requires the declarant's belief in imminent death and that the statement concerned the cause or circumstances of the anticipated death.
Question 6: Lay witness opinion testimony under FRE 701 is admissible only if it is:
- Based on scientific, technical, or specialized knowledge
- Rationally based on the witness's perception and helpful to understanding the testimony (Correct answer)
- Provided by an expert qualified under FRE 702
- Corroborated by documentary evidence
Correct answer: Rationally based on the witness's perception and helpful to understanding the testimony
FRE 701 limits lay opinion to testimony rationally based on personal perception, helpful to the trier of fact, and not based on specialized knowledge.
NC Bar Evidence 1
Under the Federal Rules of Evidence (applicable on the NC Bar), hearsay is defined as: