Evidence Flashcards

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

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.

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?

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.

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

Answer: Obtaining legal advice

The attorney-client privilege covers confidential communications between attorney and client made to obtain or render legal advice.

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

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.

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?

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.

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

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.