AZ Bar Evidence

Question 1

Under the Federal Rules of Evidence, which type of evidence is defined as testimony, writings, or other material offered to prove the truth of the matter asserted?

Accepted Answer

Hearsay

Answer

Hearsay is an out-of-court statement offered to prove the truth of the matter asserted, and is generally inadmissible under FRE 801-802.

Question 2

Which hearsay exception allows admission of a statement made by a declarant who is unavailable, if the statement was against the declarant's penal or pecuniary interest when made?

Accepted Answer

Statement against interest

Answer

FRE 804(b)(3) allows admission of statements against interest when the declarant is unavailable and the statement was against their proprietary, pecuniary, or penal interest.

Question 3

Under FRE 404(b), evidence of a defendant's prior bad acts is generally inadmissible to prove character but may be admissible to prove:

Accepted Answer

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

Answer

Rule 404(b) lists non-character purposes — including proof of motive, intent, knowledge, and identity — for which prior acts evidence may be admitted.

Question 4

The best evidence rule (FRE 1002) requires that, to prove the content of a writing, recording, or photograph, a party must produce:

Accepted Answer

The original document or an admissible duplicate

Answer

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

Question 5

Expert witness testimony is admissible under FRE 702 if the testimony is based on sufficient facts and a reliable methodology, and if:

Accepted Answer

The expert's scientific, technical, or other knowledge will help the trier of fact

Answer

FRE 702 requires that expert testimony assist the trier of fact to understand evidence or determine a fact in issue, applying a reliable methodology to sufficient facts.

AZ Bar - Arizona Bar Exam Practice Test

AZ Bar - Arizona Bar Exam Practice Test

AZ Bar Evidence