NC Bar Evidence 1

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

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?

Accepted Answer

Voluntary disclosure of the communication to a third party

Answer

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:

Accepted Answer

Motive, opportunity, intent, or absence of mistake

Answer

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:

Accepted Answer

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

Answer

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:

Accepted Answer

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

Answer

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.

NC Bar - North Carolina Bar Exam Practice Test

NC Bar - North Carolina Bar Exam Practice Test

NC Bar Evidence 1