NY Evidence Rules Flashcards
6 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 6 NY Evidence Rules flashcards as text
Under New York evidence law, what is the 'Dead Man's Statute' (CPLR 4519)?
Answer: A rule barring testimony by an interested party about personal transactions or communications with a deceased person
CPLR 4519 (the Dead Man's Statute) bars an interested witness from testifying about personal transactions or communications with the deceased in an action by or against the decedent's estate.
Under New York law, which of the following is a recognized exception to the hearsay rule?
Answer: A statement made for purposes of medical diagnosis or treatment
New York recognizes the medical diagnosis or treatment exception, allowing statements made to medical professionals for purposes of obtaining diagnosis or treatment.
Under CPLR 4518, what foundation must be laid for the admission of a business record?
Answer: The record was made in the regular course of business, at or near the time of the event, by someone with knowledge or from information transmitted by someone with knowledge
CPLR 4518(a) requires that a business record be made in the regular course of business, at or near the time of the act or event, by a person with knowledge or from information transmitted by a person with knowledge, and that it was the regular practice of the business to make such records.
Under New York evidence law, what is the Molineux rule?
Answer: Evidence of a defendant's prior bad acts is generally inadmissible to show criminal propensity but may be admitted for other purposes such as motive, intent, identity, or common scheme
The Molineux rule (from People v. Molineux) prohibits evidence of prior uncharged crimes to show propensity but allows it for specific purposes like motive, intent, identity, common scheme or plan, or absence of mistake.
Under New York law, what is the scope of the attorney-client privilege?
Answer: It protects confidential communications between an attorney and client made for the purpose of obtaining or providing legal advice
The attorney-client privilege under CPLR 4503 protects confidential communications between an attorney and client made in the course of professional employment for the purpose of obtaining legal advice.
Under New York evidence law, what is required to authenticate a document before it can be admitted into evidence?
Answer: Sufficient evidence to support a finding that the document is what the proponent claims it to be
Authentication under New York law requires the proponent to produce evidence sufficient to support a finding that the item is what it purports to be.