PA Bar Evidence 1 — Questions and Answers
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:
- Conclusively proves a disputed fact
- Has any tendency to make a fact of consequence more or less probable than it would be without the evidence (Correct answer)
- Is admitted by stipulation of all parties
- Has been authenticated by a certified expert
Correct answer: Has any tendency to make a fact of consequence more or less probable than it would be without the evidence
Pa. R.E. 401 defines relevant evidence as evidence having any tendency to make a fact of consequence in determining the action more or less probable than without the evidence — a low threshold.
Question 2: Under Pa. R.E. 403, relevant evidence may be excluded when its probative value is:
- Less than absolute certainty
- Substantially outweighed by the danger of unfair prejudice, confusion, or misleading the jury (Correct answer)
- Not corroborated by physical evidence
- Based on hearsay
Correct answer: Substantially outweighed by the danger of unfair prejudice, confusion, or misleading the jury
Rule 403 gives the court discretion to exclude relevant evidence when its probative value is substantially outweighed by the danger of unfair prejudice, confusing the issues, or misleading the jury.
Question 3: Under Pa. R.E. 404(b), evidence of a defendant's prior bad acts may be admissible for which purpose?
- To show the defendant's general criminal character
- To prove motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake (Correct answer)
- To impeach the defendant if they testify
- To corroborate a co-defendant's guilty plea
Correct answer: To prove motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake
Rule 404(b) prohibits prior bad acts to prove character but allows them for limited non-character purposes including proving motive, intent, knowledge, identity, absence of mistake, or common scheme or plan.
Question 4: Pennsylvania Rule of Evidence 501 governs privileges. The attorney-client privilege protects:
- All communications between a lawyer and any third party
- Confidential communications between attorney and client made for the purpose of obtaining legal advice (Correct answer)
- Work product prepared by experts hired by counsel
- All documents in a lawyer's possession
Correct answer: Confidential communications between attorney and client made for the purpose of obtaining legal advice
The attorney-client privilege applies to confidential communications between attorney and client made in the course of seeking or rendering legal advice and may be asserted by the client.
Question 5: Under Pa. R.E. 801, hearsay is defined as:
- Any out-of-court statement offered to impeach a witness
- A statement other than one made while testifying at trial offered to prove the truth of the matter asserted (Correct answer)
- Any statement made by a party opponent
- Written statements that were not sworn under oath
Correct answer: A statement other than one made while testifying at trial offered to prove the truth of the matter asserted
Pa. R.E. 801(c) defines hearsay as an out-of-court statement offered to prove the truth of the matter asserted in the statement — the defining element is the purpose for which it is offered.
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?
- Present sense impression
- Excited utterance (Correct answer)
- Dying declaration
- Business record
Correct answer: Excited utterance
The excited utterance exception under Pa. R.E. 803(2) applies to a statement relating to a startling event made while the declarant was under the stress of excitement caused by that event, reducing the risk of deliberate fabrication.
PA Bar Evidence 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: