SD Bar Evidence and Ethics 2 — Questions and Answers
Question 1: Under South Dakota evidence rules, what is an excited utterance?
- A statement relating to a startling event made while the declarant was under the stress of the event (Correct answer)
- Any statement made loudly
- A confession made to police
- A statement made during a deposition
Correct answer: A statement relating to a startling event made while the declarant was under the stress of the event
An excited utterance is a hearsay exception allowing statements made while the declarant was under the stress of a startling event, because the excitement reduces the likelihood of fabrication.
Question 2: What is the South Dakota ethical rule regarding conflicts of interest?
- An attorney cannot represent a client if the representation involves a concurrent conflict of interest unless specific conditions are met (Correct answer)
- Conflicts of interest are never prohibited
- Only financial conflicts matter
- Conflicts only matter in criminal cases
Correct answer: An attorney cannot represent a client if the representation involves a concurrent conflict of interest unless specific conditions are met
South Dakota ethics rules prohibit attorneys from representing clients when a conflict exists unless the attorney reasonably believes they can provide competent representation and the affected clients give informed written consent.
Question 3: In South Dakota, what is the privilege against self-incrimination?
- A person cannot be compelled to testify against themselves in a criminal proceeding (Correct answer)
- Only defendants can invoke the privilege
- The privilege applies only in federal courts
- The privilege can be overridden by a judge
Correct answer: A person cannot be compelled to testify against themselves in a criminal proceeding
The Fifth Amendment privilege against self-incrimination protects individuals from being forced to provide testimony that could incriminate them in a criminal case.
Question 4: What are the South Dakota rules regarding preservation of evidence?
- Parties have a duty to preserve relevant evidence once litigation is reasonably anticipated (Correct answer)
- Evidence only needs to be preserved after a lawsuit is filed
- Only physical evidence must be preserved
- There is no duty to preserve evidence in South Dakota
Correct answer: Parties have a duty to preserve relevant evidence once litigation is reasonably anticipated
The duty to preserve evidence arises when litigation is reasonably anticipated, requiring parties to take steps to prevent the destruction or alteration of potentially relevant evidence.
Question 5: Under South Dakota ethical rules, what is an attorneys duty regarding client funds?
- Client funds must be held in a separate trust account and never commingled with the attorneys personal funds (Correct answer)
- Client funds can be deposited in any account
- The attorney can use client funds temporarily if repaid
- Trust accounts are optional
Correct answer: Client funds must be held in a separate trust account and never commingled with the attorneys personal funds
Attorneys must maintain client funds in a separate trust (IOLTA) account, completely segregated from their own funds, with detailed records of all transactions.
Question 6: What is judicial notice under South Dakota evidence rules?
- The courts acceptance of a fact as true without formal proof because it is generally known or can be accurately determined (Correct answer)
- The judges personal opinion on a matter
- A formal notice to appear in court
- A notice of appeal
Correct answer: The courts acceptance of a fact as true without formal proof because it is generally known or can be accurately determined
Judicial notice allows a court to accept certain facts as established without requiring formal evidence, such as geographic facts or dates of historical events.
SD Bar Evidence and Ethics 2
Under South Dakota evidence rules, what is an excited utterance?