PA Bar Evidence

Question 1

Pennsylvania adopted the Federal Rules of Evidence in 1998 as the Pennsylvania Rules of Evidence. Under Pa. R.E. 401, evidence is relevant if it:

Accepted Answer

Has any tendency to make a fact of consequence more or less probable than it would be without the evidence

Answer

Conclusively proves a disputed fact

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Is admitted by stipulation of all parties

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Has been authenticated by a certified expert

Question 2

Under Pa. R.E. 403, relevant evidence may be excluded when its probative value is:

Accepted Answer

Substantially outweighed by the danger of unfair prejudice, confusion, or misleading the jury

Answer

Less than absolute certainty

Answer

Not corroborated by physical evidence

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Based on hearsay

Question 3

Under Pa. R.E. 404(b), evidence of a defendant's prior bad acts may be admissible for which purpose?

Accepted Answer

To prove motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake

Answer

To show the defendant's general criminal character

Answer

To impeach the defendant if they testify

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To corroborate a co-defendant's guilty plea

Question 4

Pennsylvania Rule of Evidence 501 governs privileges. The attorney-client privilege protects:

Accepted Answer

Confidential communications between attorney and client made for the purpose of obtaining legal advice

Answer

All communications between a lawyer and any third party

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Work product prepared by experts hired by counsel

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All documents in a lawyer's possession

Question 5

Under Pa. R.E. 801, hearsay is defined as:

Accepted Answer

A statement other than one made while testifying at trial offered to prove the truth of the matter asserted

Answer

Any out-of-court statement offered to impeach a witness

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Any statement made by a party opponent

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Written statements that were not sworn under oath

Question 6

Under Pa. R.E. 803(2), which hearsay exception covers a statement relating to a startling event made while the declarant was under the stress of excitement caused by the event?

Accepted Answer

Excited utterance

Answer

Present sense impression

Answer

Dying declaration

Answer

Business record