NY Bar Evidence

Question 1

Under the Federal Rules of Evidence, relevant evidence is defined as evidence that:

Accepted Answer

Has any tendency to make a fact of consequence more or less probable

Answer

Conclusively proves a material fact

Answer

Is directly related to the ultimate issue in the case

Answer

Is credible and reliable

Question 2

Hearsay is defined as an out-of-court statement offered to prove:

Accepted Answer

The truth of the matter asserted

Answer

The state of mind of the declarant

Answer

That the declarant made the statement

Answer

Any fact in the case

Question 3

Under FRE 404(b), evidence of prior bad acts by a defendant is inadmissible to show propensity but may be admissible to show:

Accepted Answer

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

Answer

The defendant is a bad person

Answer

That the defendant committed similar crimes before

Answer

General character for criminality

Question 4

A witness testifies that the defendant appeared nervous. This is best characterized as:

Accepted Answer

Admissible lay opinion testimony based on personal observation

Answer

Inadmissible lay opinion testimony

Answer

Expert testimony requiring qualification

Answer

Hearsay because it describes another person's state

Question 5

The attorney-client privilege protects communications that are:

Accepted Answer

Confidential communications between attorney and client made for the purpose of seeking or rendering legal advice

Answer

Any communication between a lawyer and a client

Answer

All conversations in the presence of the attorney

Answer

Communications with any employee of a law firm

Question 6

Under the best evidence rule (FRE 1002), to prove the content of a writing, recording, or photograph, a party must generally produce:

Accepted Answer

The original

Answer

A certified copy

Answer

Any reliable reproduction

Answer

A witness who has read the document