NYLE Evidence Rules 3

Question 1

In New York, the physician-patient privilege applies to communications made for the purpose of:

Accepted Answer

Obtaining medical advice or treatment

Answer

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?

Accepted Answer

The evidence is cumulative and its probative value is substantially outweighed by the risk of prejudice

Answer

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:

Accepted Answer

Admissible because the defendant may open the door to character evidence

Answer

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?

Accepted Answer

Confidential communications between spouses during marriage are privileged

Answer

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:

Accepted Answer

It is rationally based on the witness's perception and helpful to understanding the testimony

Answer

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.

NYLE - New York Law Exam Practice Test

NYLE - New York Law Exam Practice Test

NYLE Evidence Rules 3