NV Bar Nevada Evidence Law 1

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

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.

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

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.

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

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.

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

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.

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

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.

NV Bar - Nevada Bar Exam Practice Test

NV Bar - Nevada Bar Exam Practice Test

NV Bar Nevada Evidence Law 1