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

New York follows the Frye standard (general acceptance in the relevant scientific community), not the federal Daubert standard adopted under FRE 702. Under Frye, the court does not independently assess reliability but asks whether the technique is accepted by the relevant scientific community. New York courts have explicitly declined to adopt Daubert.

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

Under CPLR 4504, the physician-patient privilege belongs exclusively to the patient. Only the patient (or, after death, a personal representative in certain proceedings) may waive it. The physician has no independent right to disclose confidential communications and cannot unilaterally waive the privilege.

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 crime-fraud exception removes the attorney-client privilege when the client sought the attorney's assistance to further a crime or fraud. The privilege protects confidential communications about past conduct and extends to consultations even when no representation is formed, but it does not shield communications made for the purpose of committing a future crime or fraud.

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

New York's best evidence rule requires production of the original when a party seeks to prove the contents of a writing. However, the rule allows secondary evidence (such as copies or testimony) when the original's absence is satisfactorily explained — for example, it was lost, destroyed without bad faith, or is in the possession of an adverse party who refuses to produce it after notice.

Question 5

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

Accepted Answer

Only to impeach the witness's credibility; it is not evidence in chief unless it independently satisfies a hearsay exception

Answer

Under CPL 60.35(2) (criminal) and CPLR 4514 (civil), a prior inconsistent statement may be used only to impeach credibility and is not evidence in chief. New York does not follow FRE 801(d)(1)(A); a sworn prior statement becomes substantive only if another rule applies (for example a party admission, or prior-identification rules in CPL 60.25 and 60.30). The impeaching statement must be in writing and subscribed or made under oath (CPLR 4514; CPL 60.35(1)).

NYLE - New York Law Exam Practice Test

NYLE - New York Law Exam Practice Test

NYLE - New York Law Exam NY Evidence Rules 1