NV Bar Nevada Evidence Law 2

Question 1

Under NRS 50.085, which of the following is an improper method of impeaching a witness in Nevada?

Accepted Answer

Presenting extrinsic evidence of a specific act of misconduct not resulting in a conviction to attack credibility

Answer

Introducing a prior felony conviction less than 10 years old

Answer

Showing the witness made a prior inconsistent statement

Answer

Demonstrating the witness has a bias or motive to lie

Question 2

In Nevada, which of the following statements about the business records exception to hearsay is correct?

Accepted Answer

The record must have been made at or near the time of the event by someone with knowledge, kept in the regular course of business

Answer

The record must have been made by a government entity to qualify

Answer

The exception applies only to financial records

Answer

The exception requires the original author of the record to testify

Question 3

Under Nevada law, which of the following is true regarding lay opinion testimony?

Accepted Answer

A lay witness may testify in the form of an opinion if it is rationally based on the witness's own perception and helpful to understanding the testimony

Answer

Lay witnesses may never offer opinion testimony under any circumstances

Answer

Lay opinion is admissible only on questions of value or damages

Answer

A lay witness may give opinion testimony only after being qualified by the court

Question 4

Under Nevada's physician-patient privilege, which of the following is NOT an exception that would permit disclosure of otherwise privileged medical communications?

Accepted Answer

The patient's employer requests the records for an unrelated employment matter

Answer

The patient has placed their physical condition at issue in litigation

Answer

The communication was made to enable the physician to act in furtherance of a crime or fraud

Answer

The patient is deceased and the disclosure is sought in a proceeding to contest the will

Question 5

Which of the following best describes the standard for relevance under Nevada Rules of Evidence?

Accepted Answer

Evidence is relevant if it has any tendency to make a fact of consequence more or less probable than it would be without the evidence

Answer

Evidence is relevant only if it conclusively proves a material fact

Answer

Evidence is relevant only if it directly relates to an element of the claim or defense

Answer

Evidence must be corroborated by at least one other piece of evidence to be relevant

Question 6

In Nevada, which of the following is a correct statement about the admission of evidence of subsequent remedial measures?

Accepted Answer

Such evidence is inadmissible to prove negligence or culpable conduct but may be admitted to prove ownership, control, or feasibility of precautionary measures

Answer

Such evidence is always admissible because it shows the defendant knew of the defect

Answer

Such evidence is admissible in strict products liability cases as an exception

Answer

Such evidence is inadmissible for any purpose in any Nevada civil or criminal proceeding

Question 7

Under Nevada law, the psychotherapist-patient privilege protects communications between a patient and a licensed psychotherapist. Which of the following correctly identifies who holds this privilege?

Accepted Answer

The patient holds the privilege, but the psychotherapist may also claim it on the patient's behalf if the patient is absent or incapacitated

Answer

Only the psychotherapist holds the privilege

Answer

Only the patient holds the privilege

Answer

Both the patient and the psychotherapist hold the privilege independently