NJ Bar Evidence 1 — Questions and Answers
Question 1: Under the Federal Rules of Evidence, hearsay is an out-of-court statement offered to prove what?
- The declarant's intent
- The truth of the matter asserted (Correct answer)
- The statement was made
- The witness's credibility
Correct answer: The truth of the matter asserted
Hearsay is defined as an out-of-court statement offered for the truth of the matter asserted, and it is generally inadmissible absent an exception.
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?
- Oath
- The stress of excitement caused by the event (Correct answer)
- Cross-examination
- Direct questioning by police
Correct answer: The stress of excitement caused by the event
The excited utterance exception requires the declarant to be under the stress of excitement from a startling event when making the statement.
Question 3: The attorney-client privilege protects confidential communications made for the purpose of what?
- Facilitating a crime
- Obtaining legal advice (Correct answer)
- Negotiating a settlement without counsel
- Preparing tax returns by any advisor
Correct answer: Obtaining legal advice
The attorney-client privilege covers confidential communications between attorney and client made to obtain or render legal advice.
Question 4: Under NJ Rules of Evidence, which standard governs the admissibility of expert scientific testimony?
- Frye general acceptance test
- Daubert reliability and relevance test
- NJ Rule 702 reliability standard aligned with Daubert (Correct answer)
- Per se admissibility for licensed experts
Correct answer: NJ Rule 702 reliability standard aligned with Daubert
New Jersey adopted a reliability-based standard under N.J.R.E. 702 and the Kemp decision, closely aligned with Daubert, requiring scientific testimony to be reliable.
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?
- General bad character
- Motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake (Correct answer)
- Credibility as a blanket matter
- The defendant's criminal history
Correct answer: Motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake
FRE 404(b) bars prior bad acts to show propensity but allows them for non-propensity purposes such as motive, intent, identity, or absence of mistake.
Question 6: The best evidence rule requires production of the original writing when a party seeks to prove what?
- Any fact in dispute
- The content of a writing, recording, or photograph (Correct answer)
- The authenticity of a signature
- The chain of custody for physical evidence
Correct answer: The content of a writing, recording, or photograph
FRE 1002 requires the original document when a party seeks to prove the contents of a writing, recording, or photograph.
NJ Bar Evidence 1
Under the Federal Rules of Evidence, hearsay is an out-of-court statement offered to prove what?