NYLE Evidence Rules 2

Question 1

Under the New York CPLR, which of the following is NOT a recognized exception to the hearsay rule?

Accepted Answer

Character evidence of victim

Answer

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:

Accepted Answer

Admissible as a business record if made in the regular course of business

Answer

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:

Accepted Answer

Read the statement into evidence as past recollection recorded

Answer

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:

Accepted Answer

The client

Answer

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?

Accepted Answer

Solely to impeach the witness's credibility

Answer

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).

NYLE - New York Law Exam Practice Test

NYLE - New York Law Exam Practice Test

NYLE Evidence Rules 2