Evidence Flashcards

Under FRE 615, upon a party's request, the court must exclude witnesses from the courtroom. Which witness is NOT subject to exclusion?

Answer: A party who is a natural person

Rule 615 requires exclusion of witnesses but exempts parties who are natural persons, allowing them to remain throughout the trial even when other witnesses are excluded.

Under FRE 702, expert testimony is admissible if the expert's opinion is based on sufficient facts and is the product of reliable principles and methods. This is often called the:

Answer: Daubert standard

The Daubert standard, adopted by FRE 702, requires courts to act as gatekeepers to ensure expert testimony is based on sufficient facts, reliable methodology, and principles reliably applied to the facts.

Under FRE 801(d)(2), an admission by a party-opponent is not hearsay when the statement is offered against the party. Which of the following qualifies as an admission by party-opponent?

Answer: A statement made by the party's employee concerning a matter within the scope of employment during the employment relationship

Party admissions include statements made by the party's agents or employees within the scope of their employment during the employment relationship, even if not authorized to make admissions.

The work product doctrine protects from discovery materials prepared in anticipation of litigation. Which of the following is the correct standard for overcoming ordinary work product protection?

Answer: A showing of substantial need and inability to obtain the equivalent without undue hardship

Ordinary work product can be discovered upon a showing of substantial need for the materials and inability to obtain the substantial equivalent by other means without undue hardship.

Under FRE 412 (the rape shield rule), evidence of a sexual assault victim's prior sexual behavior is generally inadmissible to prove:

Answer: The victim's consent or the defendant's belief in consent

FRE 412 bars evidence of a victim's past sexual conduct when offered to prove consent or to attack the victim's credibility in sexual assault cases, with limited exceptions.

Under FRE 407 and 411, which type of evidence is specifically inadmissible to prove negligence or wrongful conduct?

Answer: Subsequent remedial measures and evidence of liability insurance

Both FRE 407 (subsequent remedial measures) and FRE 411 (liability insurance) prohibit these forms of evidence when offered to prove negligence or wrongful conduct, though both may be admissible for other purposes.