AR Bar Evidence

Question 1

Under the Arkansas Rules of Evidence, which of the following is NOT hearsay?

Accepted Answer

A prior inconsistent statement made under oath at a prior proceeding

Answer

Under ARe Rule 801(d)(1), a prior inconsistent statement made under oath at a prior proceeding is defined as non-hearsay and is admissible as substantive evidence.

Question 2

Under Arkansas Rule of Evidence 404(b), evidence of prior bad acts may be admissible to prove:

Accepted Answer

Motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake

Answer

Rule 404(b) prohibits prior bad acts to prove propensity but allows them to prove motive, intent, plan, knowledge, identity, or absence of mistake or accident.

Question 3

Under Arkansas Rule of Evidence 701, lay witness opinion testimony is admissible if it is:

Accepted Answer

Rationally based on the witness's own perception and helpful to the trier of fact

Answer

Lay opinion under Rule 701 must be rationally based on the witness's firsthand perception and helpful in understanding the testimony or a fact in issue.

Question 4

Under Arkansas Rule of Evidence 501, attorney-client privilege in state civil proceedings is governed by:

Accepted Answer

Arkansas state law

Answer

In state court proceedings, privilege questions are governed by Arkansas state law, not federal common law.

Question 5

The 'best evidence rule' under Arkansas Rule of Evidence 1002 requires:

Accepted Answer

An original document when its contents are at issue

Answer

Rule 1002 requires production of the original writing, recording, or photograph to prove its contents, unless an exception applies.

AR Bar - Arkansas Bar Test Practice Test

AR Bar - Arkansas Bar Test Practice Test

AR Bar Evidence