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

Under NRS 50.085, specific acts of misconduct not resulting in a criminal conviction may only be raised on cross-examination and may not be proven by extrinsic evidence.

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

NRS 51.135 (business records exception) requires the record to be made at or near the time of the event by a person with knowledge, and kept in the regular course of a regularly conducted business activity.

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

NRS 50.265 permits lay opinion testimony that is rationally based on the witness's own perception, helpful to a clear understanding of the testimony, and not based on scientific or technical knowledge.

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

An employer's general request for records for an unrelated employment matter does not qualify as one of the statutory exceptions to the physician-patient privilege under NRS 49.215–49.245.

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

Under NRS 48.015, evidence is relevant if it has any tendency to make the existence of a fact of consequence to the determination of the action more or less probable than it would be without the evidence.

NV Bar - Nevada Bar Exam Practice Test

NV Bar - Nevada Bar Exam Practice Test

NV Bar Nevada Evidence Law 2