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

Under FRE 401, relevance requires only that evidence have any tendency (even a small tendency) to make a consequential fact more or less probable than it would be without the evidence.

Question 2

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

Accepted Answer

The truth of the matter asserted

Answer

Hearsay is an out-of-court statement offered to prove the truth of the matter asserted in the statement; if offered for another purpose, it is not hearsay.

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

Rule 404(b) permits prior act evidence for non-propensity purposes including proving motive, intent, knowledge, identity, plan, opportunity, preparation, or absence of mistake or accident.

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

Under FRE 701, lay opinion testimony is admissible if rationally based on the witness's perception, helpful to understanding the testimony, and not based on specialized knowledge; nervousness is a classic permissible lay opinion.

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

The attorney-client privilege applies to confidential communications between attorney and client made for the purpose of obtaining or providing legal advice, and requires that the confidentiality be maintained.

NY Bar - New York Bar Exam Practice Test

NY Bar - New York Bar Exam Practice Test

NY Bar Evidence