Evidence Rules Flashcards
7 cards from real NYLE practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Evidence Rules flashcards as text
In New York, the physician-patient privilege applies to communications made for the purpose of:
Answer: Obtaining medical advice or treatment
The physician-patient privilege in New York applies to confidential communications made in the course of obtaining medical advice or treatment.
Under New York law, which of the following is a proper basis for excluding relevant evidence?
Answer: The evidence is cumulative and its probative value is substantially outweighed by the risk of prejudice
Relevant evidence may be excluded when its probative value is substantially outweighed by the danger of unfair prejudice, confusion of issues, or misleading the jury.
A defendant in a New York criminal case wants to call a character witness to testify about the defendant's reputation for peacefulness. This evidence is:
Answer: Admissible because the defendant may open the door to character evidence
A criminal defendant may introduce evidence of a pertinent character trait such as peacefulness, thereby opening the door to rebuttal by the prosecution.
Under New York law, which statement best describes the spousal privilege in a civil case?
Answer: Confidential communications between spouses during marriage are privileged
In New York civil cases, confidential communications between spouses during the marriage are privileged, though either spouse may assert it.
Under New York evidence law, lay opinion testimony is admissible when:
Answer: It is rationally based on the witness's perception and helpful to understanding the testimony
Lay opinion is admissible in New York when it is rationally based on the witness's own perception and helpful to a clear understanding of the testimony or a fact in issue.
In a New York criminal case, the prosecution seeks to introduce evidence that the defendant committed a similar theft three years ago. This evidence is most likely admissible to show:
Answer: Modus operandi, identity, or common scheme
Prior bad acts are admissible under New York law not to show propensity but to prove modus operandi, identity, intent, or common plan or scheme.
A New York court must determine whether expert testimony is admissible. The applicable standard is:
Answer: The Frye general acceptance standard
New York applies the Frye standard, requiring that expert testimony be based on a methodology generally accepted in the relevant scientific community.