NJ Bar Evidence 3

Question 1

The marital communications privilege protects confidential communications made during marriage; in New Jersey, either spouse may assert this privilege in which proceedings?

Accepted Answer

Both civil and criminal proceedings

Answer

NJ's marital communications privilege applies in both civil and criminal proceedings to confidential communications made during a valid marriage.

Question 2

Under NJ Rules of Evidence, subsequent remedial measures are generally inadmissible to prove which fact?

Accepted Answer

Negligence or culpable conduct in connection with the event

Answer

N.J.R.E. 407 bars evidence of post-accident remedial measures to prove negligence, but allows it for issues like feasibility, control, or impeachment.

Question 3

A prior consistent statement of a witness is admissible to rebut a charge of recent fabrication when the statement was made when?

Accepted Answer

Before the alleged motive to fabricate arose

Answer

Under FRE 801(d)(1)(B), a prior consistent statement is non-hearsay and admissible only if made before the alleged fabrication motive arose.

Question 4

The present sense impression hearsay exception covers a statement describing or explaining an event made when?

Accepted Answer

While perceiving the event or immediately thereafter

Answer

FRE 803(1) admits present sense impressions — statements made while perceiving an event or immediately after — for their contemporaneous reliability.

Question 5

Evidence of a party's offer to pay medical expenses is inadmissible to prove what, under FRE 409?

Accepted Answer

Liability for the injury

Answer

FRE 409 excludes offers to pay medical expenses from evidence of liability to encourage humanitarian assistance without fear of creating admissions.

NJ Bar - New Jersey Bar Exam Practice Test

NJ Bar - New Jersey Bar Exam Practice Test

NJ Bar Evidence 3