NY Bar Evidence 2

Question 1

A dying declaration is admissible as an exception to the hearsay rule. Under FRE 804(b)(2), which element is required?

Accepted Answer

Both B and C

Answer

A dying declaration under FRE 804(b)(2) requires that the declarant believed their death was imminent and that the statement concerns the cause or circumstances of what the declarant believed was their impending death.

Question 2

Under FRE 609, a prior felony conviction may be used to impeach a witness if it was:

Accepted Answer

A conviction within the last 10 years, with probative value outweighing prejudicial effect

Answer

Under FRE 609, felony convictions are admissible for impeachment within 10 years of conviction or release from confinement, subject to a probative-versus-prejudicial balancing test.

Question 3

A present sense impression is admissible as an exception to the hearsay rule under FRE 803(1) when the statement:

Accepted Answer

Describes or explains an event made while or immediately after perceiving it

Answer

A present sense impression is a statement describing or explaining an event made while the declarant was perceiving the event or immediately thereafter, ensuring reliability through contemporaneity.

Question 4

Under FRE 407, evidence of subsequent remedial measures is inadmissible to prove:

Accepted Answer

Negligence or culpable conduct

Answer

FRE 407 bars evidence of subsequent remedial measures when offered to prove negligence, culpable conduct, a defect in product or design, or a need for warning, but permits it for other purposes like proving feasibility of precautions.

Question 5

An excited utterance is admissible as an exception to the hearsay rule because:

Accepted Answer

The stress of excitement minimizes the likelihood of deliberate or conscious fabrication

Answer

Excited utterances are deemed reliable because the declarant, acting under the stress of a startling event, is unlikely to have the opportunity or capacity to fabricate, reducing the risk of insincerity.

NY Bar - New York Bar Exam Practice Test

NY Bar - New York Bar Exam Practice Test

NY Bar Evidence 2