NV Bar Nevada Evidence Law

Question 1

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

Accepted Answer

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

Answer

The expert must be certified by a state licensing board relevant to the subject matter

Answer

The expert must use only methodologies that have been published in peer-reviewed journals

Answer

The expert must have testified as an expert in at least five prior Nevada cases

Question 2

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?

Accepted Answer

Dying declaration

Answer

Present sense impression

Answer

Excited utterance

Answer

Statement against interest

Question 3

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

Accepted Answer

Attorney-client privilege

Answer

Work-product doctrine

Answer

Common interest privilege

Answer

Spousal communications privilege

Question 4

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?

Accepted Answer

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

Answer

General propensity to commit crimes

Answer

That the defendant is likely to reoffend

Answer

Victim's contributory negligence

Question 5

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

Accepted Answer

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

Answer

Only the single most probative piece of evidence on any point may be admitted

Answer

All documentary evidence must be authenticated by a notary public before admission

Answer

Secondary evidence is always inadmissible if the original document exists

Question 6

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

Accepted Answer

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

Answer

For impeachment purposes only, never as substantive evidence

Answer

Only if the witness is now unavailable to testify

Answer

Only to refresh the witness's recollection

Question 7

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

Accepted Answer

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

Answer

Either spouse may prevent the other from testifying about any matter observed during the marriage

Answer

Only the testifying spouse may assert the privilege, not the non-testifying spouse

Answer

The privilege applies only to written communications between spouses