SD Bar Evidence and Ethics

Question 1

Under the South Dakota Rules of Evidence, what is hearsay?

Accepted Answer

An out-of-court statement offered to prove the truth of the matter asserted

Answer

Any statement made in court

Answer

A written document submitted as evidence

Answer

Testimony from an expert witness

Question 2

What is the attorney-client privilege in South Dakota?

Accepted Answer

Communications between an attorney and client for the purpose of obtaining legal advice are protected from disclosure

Answer

All conversations with an attorney are automatically privileged

Answer

The privilege only applies in criminal cases

Answer

The privilege can be waived by the court at any time

Question 3

Under South Dakota ethical rules, what duty does an attorney owe to the court?

Accepted Answer

A duty of candor, including not making false statements of law or fact to the tribunal

Answer

No duties to the court, only to the client

Answer

A duty to win at all costs

Answer

A duty to agree with the judges rulings

Question 4

What is the best evidence rule in South Dakota?

Accepted Answer

The original document must be produced to prove the contents of a writing, recording, or photograph

Answer

The best available witness must testify

Answer

Only the strongest evidence is admissible

Answer

Digital copies are never admissible

Question 5

In South Dakota, what is the standard for admitting character evidence in a criminal case?

Accepted Answer

The defendant may offer evidence of a pertinent character trait; the prosecution may only rebut

Answer

Character evidence is always admissible

Answer

Only the prosecution can introduce character evidence

Answer

Character evidence is never admissible in criminal cases

Question 6

What is an attorneys duty of confidentiality under South Dakota ethical rules?

Accepted Answer

An attorney must not reveal information relating to representation of a client without informed consent, except in limited circumstances

Answer

Attorneys can share client information with other attorneys freely

Answer

Confidentiality only applies to criminal cases

Answer

The duty ends when the representation ends