NYLE - New York Law Exam NY Evidence Rules 1

Question 1

Under New York evidence law, which standard governs the admissibility of novel scientific expert testimony, as opposed to the federal standard?

Accepted Answer

The Frye standard, requiring that the scientific methodology be generally accepted in the relevant scientific community

Answer

The Daubert standard, requiring the trial court to act as a gatekeeper assessing reliability and relevance

Answer

The relevance-only standard, requiring merely that the testimony assist the trier of fact

Answer

The Kumho standard, applying flexible reliability factors to all expert witnesses

Question 2

Under New York law, the physician-patient privilege established by CPLR 4504 belongs to whom, and who may waive it?

Accepted Answer

The patient, who alone may waive it, although the waiver may also be effected by a personal representative after the patient's death

Answer

The treating physician, who may waive it in the patient's best interest

Answer

The court, which may sua sponte waive the privilege when justice requires

Answer

Both the physician and the patient jointly, requiring mutual consent to waive

Question 3

Under New York law, the attorney-client privilege does NOT apply when:

Accepted Answer

The client seeks the attorney's assistance in furtherance of a crime or fraud

Answer

The client communicates with in-house corporate counsel about a business decision with legal implications

Answer

The client discloses past criminal conduct to the attorney during representation

Answer

The communication occurs during an initial consultation even if the attorney is not ultimately retained

Question 4

Under New York's best evidence rule, when a party seeks to prove the contents of a writing, recording, or photograph, which of the following is correct?

Accepted Answer

The original must be produced unless its absence is satisfactorily explained by showing it was lost, destroyed without bad faith, or otherwise unavailable

Answer

A certified copy is always admissible as a matter of right and requires no further foundation

Answer

A sworn affidavit describing the document's contents is a sufficient substitute for the original in all civil proceedings

Answer

Secondary evidence of a document's contents is never admissible if the original exists somewhere in the world

Question 5

Under New York law, how may a prior inconsistent statement by a testifying witness be used at trial?

Accepted Answer

To impeach credibility, and also as substantive evidence of the facts stated if the statement was made under oath at a prior trial, hearing, or proceeding

Answer

Only to impeach the witness's credibility; it may never be admitted as substantive evidence of the facts stated

Answer

As substantive evidence only if the witness acknowledges making the statement on cross-examination

Answer

Only if the prior statement was reduced to writing and signed by the witness

Question 6

Under New York law, which of the following correctly describes the spousal testimonial privilege in a criminal proceeding?

Accepted Answer

The witness-spouse holds the privilege and may choose whether or not to testify against the defendant-spouse

Answer

The defendant-spouse holds the privilege and may prevent the witness-spouse from testifying against him or her

Answer

The privilege is absolute and applies even when the defendant is charged with a crime against the witness-spouse or their children

Answer

Both spouses must jointly invoke the privilege for it to be effective