SC Bar Evidence 2 — Questions and Answers
Question 1: At a South Carolina trial, a witness testifies that she heard the defendant's neighbor shout, 'Look out, that car is running the red light!' just before a collision. The statement is offered to prove the car ran the red light. Is it admissible?
- Yes, as a present sense impression (Correct answer)
- No, because the neighbor is not testifying
- No, because it is inadmissible lay opinion
- Yes, but only if the neighbor is unavailable
Correct answer: Yes, as a present sense impression
A statement describing an event made while or immediately after perceiving it qualifies as a present sense impression, admissible regardless of declarant availability.
Question 2: In a civil negligence action, the defendant offers evidence that the plaintiff has a reputation for carelessness to prove the plaintiff was careless on the day of the accident. Should the court admit it?
- No, character evidence is generally inadmissible to prove conduct in conformity in civil cases (Correct answer)
- Yes, because reputation evidence is always admissible
- Yes, because negligence puts character at issue
- No, unless the plaintiff first offers good-character evidence
Correct answer: No, character evidence is generally inadmissible to prove conduct in conformity in civil cases
Under Rule 404(a), character evidence is generally inadmissible in civil cases to prove a party acted in conformity with that character on a particular occasion.
Question 3: A prosecutor seeks to impeach a defense witness with a 12-year-old conviction for felony fraud; the witness was released from prison 11 years ago. What must the prosecutor show for the conviction to be admitted?
- Its probative value substantially outweighs its prejudicial effect, with advance written notice (Correct answer)
- Only that the crime involved dishonesty
- That the witness denies the conviction on cross-examination
- Nothing; fraud convictions are automatically admissible
Correct answer: Its probative value substantially outweighs its prejudicial effect, with advance written notice
Convictions more than 10 years old (measured from conviction or release, whichever is later) are admissible only if probative value substantially outweighs prejudice and reasonable written notice is given.
Question 4: During settlement negotiations over a disputed contract claim, the defendant says, 'I know I owe you something, but I'll pay $10,000 to end this.' At trial, the plaintiff offers this statement to prove liability. Is it admissible?
- No, statements made during compromise negotiations of a disputed claim are inadmissible to prove liability (Correct answer)
- Yes, because admissions of a party-opponent are always admissible
- Yes, because only the offer amount is excluded, not accompanying statements
- No, unless the settlement was actually finalized
Correct answer: No, statements made during compromise negotiations of a disputed claim are inadmissible to prove liability
Rule 408 excludes both offers to compromise and statements made during compromise negotiations when offered to prove liability or amount of a disputed claim.
Question 5: A murder defendant claims self-defense and offers evidence of the victim's violent character. Which form of proof may the defendant use in South Carolina to show the victim's character?
- Reputation or opinion testimony (Correct answer)
- Specific instances of the victim's prior violence on direct examination only
- Certified records of the victim's arrests
- Polygraph results about the victim's temperament
Correct answer: Reputation or opinion testimony
When character evidence is admissible as circumstantial evidence, it must be proved by reputation or opinion testimony, not specific acts on direct examination.
Question 6: A party offers a properly authenticated business record, but the record contains a statement from a customer who had no business duty to report. What is the correct hearsay analysis?
- The record is admissible but the customer's statement needs its own hearsay exception (Correct answer)
- The entire record is inadmissible
- The customer's statement is admissible because it is inside a business record
- The record is admissible only if the customer testifies
Correct answer: The record is admissible but the customer's statement needs its own hearsay exception
The business records exception covers only information supplied by persons with a business duty to report, so hearsay within the record from outsiders requires an independent exception.
Question 7: In a criminal trial, the prosecution offers a testimonial statement from a declarant who died before trial and was never cross-examined by the defendant. What constitutional doctrine bars its admission?
- The Confrontation Clause under Crawford v. Washington (Correct answer)
- The Due Process Clause's fairness requirement
- The Fifth Amendment privilege against self-incrimination
- The Equal Protection Clause
Correct answer: The Confrontation Clause under Crawford v. Washington
Crawford holds that testimonial hearsay is inadmissible against a criminal defendant unless the declarant is unavailable and the defendant had a prior opportunity for cross-examination.
SC Bar Evidence 2
At a South Carolina trial, a witness testifies that she heard the defendant's neighbor shout, 'Look out, that car is running the red light!' just before a collision.
The statement is offered to prove the car ran the red light.
Is it admissible?