NJ Bar Evidence 2 — Questions and Answers
Question 1: Lay witness opinion testimony is admissible under FRE 701 only if it is rationally based on the witness's perception, helpful to the trier of fact, and what?
- Based on scientific knowledge
- Not based on specialized knowledge within the scope of expert testimony (Correct answer)
- Corroborated by a second witness
- Given under oath in a prior proceeding
Correct answer: Not based on specialized knowledge within the scope of expert testimony
FRE 701 limits lay opinions to those rationally based on perception, helpful to the fact-finder, and not requiring expert-level specialized knowledge.
Question 2: A statement against interest is admissible as a hearsay exception when the declarant is unavailable and the statement was against the declarant's what at the time made?
- Social interests
- Penal, pecuniary, or proprietary interests (Correct answer)
- Future interests
- Contractual interests only
Correct answer: Penal, pecuniary, or proprietary interests
FRE 804(b)(3) admits statements against penal, pecuniary, or proprietary interest when the declarant is unavailable, because self-inculpatory statements are inherently reliable.
Question 3: Judicial notice under FRE 201 allows a court to accept a fact without formal proof when the fact is capable of accurate and ready determination from what?
- Stipulation by one party
- Sources whose accuracy cannot reasonably be questioned (Correct answer)
- Expert testimony
- Admission in a prior proceeding
Correct answer: Sources whose accuracy cannot reasonably be questioned
Judicial notice is proper for adjudicative facts that are commonly known in the jurisdiction or verifiable from indisputably accurate sources.
Question 4: Impeachment of a witness with a prior felony conviction under FRE 609 requires balancing probative value against unfair prejudice when the witness is whom?
- Any witness
- A criminal defendant testifying in their own defense (Correct answer)
- Any non-party witness
- An expert witness
Correct answer: A criminal defendant testifying in their own defense
Under FRE 609(a)(1)(B), prior felony convictions offered against a testifying criminal defendant require that probative value outweigh the risk of unfair prejudice.
Question 5: The physician-patient privilege in New Jersey can be waived when the patient does what?
- Sues anyone for any reason
- Places their medical condition at issue in litigation (Correct answer)
- Allows family members to attend appointments
- Requests records for personal use
Correct answer: Places their medical condition at issue in litigation
NJ's physician-patient privilege can be waived when the patient places their physical or mental condition directly at issue in a civil proceeding.
Question 6: Authentication of a document under FRE 901 requires the proponent to produce evidence sufficient to support a finding that what?
- The document is genuine beyond a reasonable doubt
- The item is what the proponent claims it to be (Correct answer)
- A certified copy was produced
- The document was notarized
Correct answer: The item is what the proponent claims it to be
FRE 901(a) requires only sufficient evidence for a reasonable juror to find the item is what its proponent claims — a low threshold.
NJ Bar Evidence 2
Lay witness opinion testimony is admissible under FRE 701 only if it is rationally based on the witness's perception, helpful to the trier of fact, and what?