NYLE NY Evidence Rules 2

Question 1

Under New York evidence law, what is the 'Dead Man's Statute' (CPLR 4519)?

Accepted Answer

A rule barring testimony by an interested party about personal transactions or communications with a deceased person

Answer

A rule excluding all testimony regarding events that occurred before a witness's death

Answer

A prohibition on using a deceased person's prior statements at trial

Answer

A rule requiring corroboration for all claims against a decedent's estate

Question 2

Under New York law, which of the following is a recognized exception to the hearsay rule?

Accepted Answer

A statement made for purposes of medical diagnosis or treatment

Answer

Any statement made outside of court

Answer

A statement made by any witness who is unavailable to testify

Answer

A statement made in a foreign language

Question 3

Under CPLR 4518, what foundation must be laid for the admission of a business record?

Accepted Answer

The record was made in the regular course of business, at or near the time of the event, by someone with knowledge or from information transmitted by someone with knowledge

Answer

The record must be authenticated by the person who created it through live testimony

Answer

The record must be an original document, not a copy

Answer

The record must have been created within the last five years

Question 4

Under New York evidence law, what is the Molineux rule?

Accepted Answer

Evidence of a defendant's prior bad acts is generally inadmissible to show criminal propensity but may be admitted for other purposes such as motive, intent, identity, or common scheme

Answer

All prior convictions are admissible to impeach the defendant

Answer

Evidence of the victim's prior bad acts is always admissible

Answer

The prosecution may introduce character evidence in its case-in-chief

Question 5

Under New York law, what is the scope of the attorney-client privilege?

Accepted Answer

It protects confidential communications between an attorney and client made for the purpose of obtaining or providing legal advice

Answer

It protects all communications between any two parties if an attorney is present

Answer

It only applies to written communications, not oral ones

Answer

It automatically expires five years after the representation ends

Question 6

Under New York evidence law, what is required to authenticate a document before it can be admitted into evidence?

Accepted Answer

Sufficient evidence to support a finding that the document is what the proponent claims it to be

Answer

Testimony from the person who created the document

Answer

Certification by a notary public

Answer

Filing the document with the court at least 30 days before trial