NYLE Evidence Rules 2 — Questions and Answers
Question 1: Under the New York CPLR, which of the following is NOT a recognized exception to the hearsay rule?
- Dying declaration
- Business records
- Present sense impression
- Character evidence of victim (Correct answer)
Correct 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.
Question 2: 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:
- Inadmissible because it contains opinion testimony
- Admissible as a business record if made in the regular course of business (Correct answer)
- Admissible only if the physician testifies live
- Inadmissible because medical records are privileged
Correct 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.
Question 3: 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:
- Read the statement into evidence as past recollection recorded (Correct answer)
- Admit the document itself as substantive evidence
- Ask the witness leading questions about the statement
- Compel the witness to adopt the statement as her testimony
Correct 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.
Question 4: Under New York law, the attorney-client privilege is held by:
- The attorney
- The client (Correct answer)
- Both the attorney and client jointly
- The court
Correct 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.
Question 5: In New York, a prior inconsistent statement of a witness is admissible for which purpose?
- As substantive evidence of the facts asserted only if the witness admits making it
- Solely to impeach the witness's credibility
- As both substantive evidence and impeachment if made under oath at a prior proceeding (Correct answer)
- Only if the statement was written and signed
Correct answer: As both substantive evidence and impeachment if made under oath at a prior proceeding
In New York, a prior inconsistent statement made under oath at a prior proceeding is admissible both as substantive evidence and for impeachment.
Question 6: Under New York's rape shield law, evidence of a victim's prior sexual conduct is generally:
- Admissible to show consent
- Inadmissible, with limited statutory exceptions (Correct answer)
- Admissible if the defendant testifies
- Admissible to attack the victim's credibility
Correct 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.
Question 7: 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:
- Inadmissible because it is hearsay
- Admissible as a public record exception to hearsay (Correct answer)
- Admissible only if the official who prepared it testifies
- Inadmissible unless certified by the Secretary of State
Correct 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.
NYLE Evidence Rules 2
Under the New York CPLR, which of the following is NOT a recognized exception to the hearsay rule?