Nevada Evidence Law Flashcards

Under the Nevada Rules of Evidence, which of the following is the correct standard for admissibility of expert testimony?

Answer: The expert must have specialized knowledge that will assist the trier of fact to understand the evidence or determine a fact in issue

NRS 50.275 (mirroring FRE 702) allows expert testimony when the expert's specialized knowledge will assist the trier of fact, without requiring board certification or a specific number of prior appearances.

Under Nevada law, which hearsay exception applies to a statement made by a declarant while believing death was imminent, concerning the cause of what the declarant believed to be impending death?

Answer: Dying declaration

NRS 51.335 codifies the dying declaration exception, allowing admission of statements made under a sense of impending death about the cause or circumstances of that death.

In Nevada, which privilege allows a client to refuse to disclose confidential communications made to an attorney for the purpose of seeking legal advice?

Answer: Attorney-client privilege

The attorney-client privilege under NRS 49.095 protects confidential communications between a lawyer and client made for the purpose of obtaining or providing legal advice.

Under NRS 48.045 (Nevada's equivalent of FRE 404), evidence of a defendant's prior crimes or bad acts is generally inadmissible to prove character but may be admitted to prove which of the following?

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

NRS 48.045(2) allows prior acts evidence for non-character purposes such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.

Which of the following best describes the best evidence rule as applied in Nevada courts?

Answer: To prove the content of a writing, recording, or photograph, the original is ordinarily required

Nevada's best evidence rule (NRS 52.235–52.285) provides that to prove the content of a writing, recording, or photograph, the original is ordinarily required, though exceptions allow duplicates and secondary evidence in certain circumstances.

Under Nevada law, a witness's prior inconsistent statement made under oath at a prior proceeding is admissible for which purpose?

Answer: As substantive evidence of the facts stated therein, as well as for impeachment

Under NRS 51.035(2), a prior inconsistent statement made under oath at a prior trial, hearing, or deposition is not hearsay and is admissible as substantive evidence, not merely for impeachment.

Nevada's spousal privilege has two components. Which of the following correctly states the confidential marital communications privilege?

Answer: A spouse may refuse to testify and may prevent the other spouse from testifying about confidential communications made during the marriage

Under NRS 49.295, the confidential marital communications privilege allows either spouse to prevent disclosure of private communications made during the marriage, and either spouse may assert it.