NJ Bar Evidence

Question 1

Under the Federal Rules of Evidence, hearsay is an out-of-court statement offered to prove what?

Accepted Answer

The truth of the matter asserted

Answer

The declarant's intent

Answer

The statement was made

Answer

The witness's credibility

Question 2

An excited utterance exception to the hearsay rule applies when a statement relates to a startling event and is made while the declarant is still under what?

Accepted Answer

The stress of excitement caused by the event

Answer

Oath

Answer

Cross-examination

Answer

Direct questioning by police

Question 3

The attorney-client privilege protects confidential communications made for the purpose of what?

Accepted Answer

Obtaining legal advice

Answer

Facilitating a crime

Answer

Negotiating a settlement without counsel

Answer

Preparing tax returns by any advisor

Question 4

Under NJ Rules of Evidence, which standard governs the admissibility of expert scientific testimony?

Accepted Answer

NJ Rule 702 reliability standard aligned with Daubert

Answer

Frye general acceptance test

Answer

Daubert reliability and relevance test

Answer

Per se admissibility for licensed experts

Question 5

Character evidence of a criminal defendant's prior bad acts is generally inadmissible to prove propensity but may be admitted to show which other purpose?

Accepted Answer

Motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake

Answer

General bad character

Answer

Credibility as a blanket matter

Answer

The defendant's criminal history

Question 6

The best evidence rule requires production of the original writing when a party seeks to prove what?

Accepted Answer

The content of a writing, recording, or photograph

Answer

Any fact in dispute

Answer

The authenticity of a signature

Answer

The chain of custody for physical evidence