OK Bar Evidence 4

Question 1

In an Oklahoma trial, a party asks the court to take judicial notice that Tulsa is located in Oklahoma. In a civil case, what instruction does the jury receive about a judicially noticed fact?

Accepted Answer

The jury must accept the noticed fact as conclusive

Answer

The jury may accept or reject the noticed fact

Answer

The jury cannot be told about the noticed fact

Answer

The jury must hear supporting witness testimony first

Question 2

A husband is charged with robbery in Oklahoma. The State calls his wife, who is willing to testify against him about events she observed during the marriage. The husband objects, invoking spousal privilege. What is the likely result?

Accepted Answer

She may testify, because the witness spouse holds the privilege not to testify and may waive it

Answer

She may testify only about events preceding the marriage

Answer

She may not testify unless the couple is divorced by the time of trial

Answer

She may not testify, because the defendant spouse can bar all spousal testimony

Question 3

A client emails his lawyer asking for advice about structuring a legitimate land purchase, copying his accountant so the accountant can implement the tax plan the lawyer recommends. Is the email privileged?

Accepted Answer

Yes, because disclosure to an agent reasonably necessary to facilitate legal advice does not waive the privilege

Answer

No, because copying any third party always destroys the privilege

Answer

Yes, but only if the accountant is also a licensed attorney

Answer

No, because business communications can never be privileged

Question 4

A party offers a photocopy of a signed contract. The opponent objects under the best evidence rule, though no genuine question about the original's authenticity is raised. How should the court rule?

Accepted Answer

Admit the copy, because a duplicate is admissible to the same extent as the original absent a genuine authenticity question or unfairness

Answer

Exclude it, because only originals satisfy the best evidence rule

Answer

Admit it only with testimony from the person who made the photocopy

Answer

Exclude it unless the original is proven destroyed

Question 5

To authenticate a phone call, a witness testifies she called the number listed for Acme Corp. and spoke with someone who answered "Acme Corporation" and discussed business reasonably transacted over the phone. Is the call authenticated?

Accepted Answer

Yes, calls to a listed business number about business reasonably transacted by phone are self-authenticating in effect under the telephone directory method

Answer

Yes, but only if the speaker gave his full legal name

Answer

No, because phone calls cannot be authenticated without recordings

Answer

No, because voice identification by a familiar listener is always required

Question 6

In a contract dispute, the defendant claims he never received the plaintiff's termination letter. The plaintiff testifies she properly addressed, stamped, and mailed it. What is the evidentiary effect?

Accepted Answer

A presumption of receipt arises, which the defendant may rebut with evidence of non-receipt

Answer

Receipt is conclusively established and cannot be contested

Answer

The testimony is irrelevant without a certified mail receipt

Answer

The burden of persuasion permanently shifts to the defendant on all issues

Question 7

A trial judge in Oklahoma must decide whether a proffered statement qualifies as an excited utterance, which turns on whether the declarant was still under stress. In making this preliminary determination, the judge:

Accepted Answer

Is not bound by the rules of evidence except those on privilege

Answer

Must submit the question to the jury

Answer

May consider only sworn live testimony

Answer

Must apply the full rules of evidence to all supporting materials