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
Under the New York CPLR, which of the following is NOT a recognized exception to the hearsay rule?
Answer: Character evidence of victim
Character evidence of a victim is not a hearsay exception; dying declarations, business records, and present sense impressions are all recognized hearsay exceptions.
In a New York civil case, a party seeks to introduce a hospital record containing a physician's opinion about the cause of an injury. Under CPLR 4518, this record is:
Answer: Admissible as a business record if made in the regular course of business
Under CPLR 4518, business records including hospital records are admissible if made in the regular course of business, even if they contain opinions.
A witness in a New York trial states she cannot recall a prior statement she made. The attorney shows her the written statement to refresh her recollection. After reviewing it, she still cannot recall. The attorney may:
Answer: Read the statement into evidence as past recollection recorded
When a witness's memory cannot be refreshed, the prior statement may be read into evidence as past recollection recorded if the foundational requirements are met.
Under New York law, the attorney-client privilege is held by:
Answer: The client
The attorney-client privilege belongs to the client, who alone may waive it, though the attorney has a duty to assert it on the client's behalf.
In New York, a prior inconsistent statement of a witness is admissible for which purpose?
Answer: Solely to impeach the witness's credibility
In New York, a witness's prior inconsistent statement is admissible only to impeach credibility, not as substantive proof of the facts asserted, even if it was made under oath (NY Guide to Evidence Rule 6.15; CPLR 4514; CPL 60.35). New York did not adopt FRE 801(d)(1)(A).
Under New York's rape shield law, evidence of a victim's prior sexual conduct is generally:
Answer: Inadmissible, with limited statutory exceptions
New York's rape shield law bars evidence of a victim's prior sexual conduct except in narrow statutory exceptions, such as prior sexual conduct with the defendant.
A party in a New York civil case wants to introduce a public record showing the official cause of a bridge collapse. Under CPLR 4520, this record is:
Answer: Admissible as a public record exception to hearsay
Under CPLR 4520, official public records are admissible as an exception to the hearsay rule without requiring the preparer to testify.