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

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?

Accepted Answer

The stress of excitement caused by the event

Answer

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?

Accepted Answer

Obtaining legal advice

Answer

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?

Accepted Answer

NJ Rule 702 reliability standard aligned with Daubert

Answer

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?

Accepted Answer

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

Answer

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.

NJ Bar - New Jersey Bar Exam Practice Test

NJ Bar - New Jersey Bar Exam Practice Test

NJ Bar Evidence