NYLE Evidence Rules 3 — Questions and Answers
Question 1: In New York, the physician-patient privilege applies to communications made for the purpose of:
- Any conversation between a doctor and patient
- Obtaining medical advice or treatment (Correct answer)
- Consulting with a physician hired by the opposing party
- Discussing medical bills and insurance
Correct 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.
Question 2: Under New York law, which of the following is a proper basis for excluding relevant evidence?
- The evidence is cumulative and its probative value is substantially outweighed by the risk of prejudice (Correct answer)
- The evidence tends to prove a fact in controversy
- The evidence is direct rather than circumstantial
- The evidence was obtained legally by law enforcement
Correct 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.
Question 3: 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:
- Inadmissible because character evidence is barred in criminal cases
- Admissible because the defendant may open the door to character evidence (Correct answer)
- Admissible only through prior bad acts under CPLR 4404
- Inadmissible unless the prosecution introduced character evidence first
Correct 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.
Question 4: Under New York law, which statement best describes the spousal privilege in a civil case?
- Either spouse may prevent the other from testifying about any matter
- The witness-spouse alone decides whether to testify
- Confidential communications between spouses during marriage are privileged (Correct answer)
- The privilege does not apply in civil cases
Correct 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.
Question 5: Under New York evidence law, lay opinion testimony is admissible when:
- The witness has been qualified as an expert by the court
- It is rationally based on the witness's perception and helpful to understanding the testimony (Correct answer)
- The subject matter is beyond ordinary knowledge
- The witness has personal knowledge of scientific facts
Correct 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.
Question 6: 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:
- The defendant's propensity to steal
- Modus operandi, identity, or common scheme (Correct answer)
- The defendant's bad character
- Prior convictions for general impeachment
Correct 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.
Question 7: A New York court must determine whether expert testimony is admissible. The applicable standard is:
- The Daubert standard adopted from federal courts
- The Frye general acceptance standard (Correct answer)
- Reliability as determined solely by the judge
- Whether the expert holds a professional license
Correct 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.
NYLE Evidence Rules 3
In New York, the physician-patient privilege applies to communications made for the purpose of: