NJ Bar Evidence 2

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?

Accepted Answer

Not based on specialized knowledge within the scope of expert testimony

Answer

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?

Accepted Answer

Penal, pecuniary, or proprietary interests

Answer

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?

Accepted Answer

Sources whose accuracy cannot reasonably be questioned

Answer

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?

Accepted Answer

A criminal defendant testifying in their own defense

Answer

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?

Accepted Answer

Places their medical condition at issue in litigation

Answer

NJ's physician-patient privilege can be waived when the patient places their physical or mental condition directly at issue in a civil proceeding.

NJ Bar - New Jersey Bar Exam Practice Test

NJ Bar - New Jersey Bar Exam Practice Test

NJ Bar Evidence 2