OR Bar Evidence 2

Question 1

A witness at trial testifies that immediately after a car crash she heard the driver yell, 'I ran the red light!' The driver objects on hearsay grounds. How should the court rule?

Accepted Answer

Overruled; the statement qualifies as an excited utterance

Answer

An excited utterance is a statement relating to a startling event made while the declarant was under the stress of excitement, and it qualifies as a hearsay exception under OEC 803(2).

Question 2

A hospital's computerized billing records are offered to show the dates a patient was treated. The records were created in the regular course of business. Which hearsay exception applies?

Accepted Answer

Business records exception

Answer

Business records made at or near the time of the event by a person with knowledge, kept in the regular course of business, are admissible under OEC 803(6).

Question 3

A client tells her attorney that she hid the murder weapon in her garage. At trial, the prosecution subpoenas the attorney to testify about this communication. The attorney refuses. What privilege applies?

Accepted Answer

Attorney-client privilege

Answer

Confidential communications between an attorney and client made for the purpose of seeking legal advice are protected by the attorney-client privilege.

Question 4

A shooting victim, believing she is about to die, tells a bystander, 'Jake shot me.' She then recovers and refuses to testify. The prosecution offers the out-of-court statement. Which exception best applies?

Accepted Answer

Dying declaration, if the declarant believed death was imminent

Answer

A dying declaration requires that the declarant believed death was imminent when making the statement; the declarant need not actually die for the exception to apply in civil cases, though Oregon limits it to homicide and civil proceedings.

Question 5

During a drug conspiracy trial, a co-conspirator's recorded phone call stating 'We're delivering the package Tuesday' is offered against the defendant. The statement was made during and in furtherance of the conspiracy. The defendant objects on hearsay grounds. The court should:

Accepted Answer

Overrule; co-conspirator statements made in furtherance of the conspiracy are not hearsay

Answer

Under OEC 801(4)(b)(E), a statement by a co-conspirator made during and in furtherance of the conspiracy is an admission by a party-opponent and is not hearsay.

(OR Bar) Oregon Bar Exam Practice Test

(OR Bar) Oregon Bar Exam Practice Test

OR Bar Evidence 2