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

Hearsay is a statement made outside of court that is offered in court to prove that what was said is actually true. It is generally inadmissible with numerous exceptions.

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

The attorney-client privilege protects confidential communications made between an attorney and client for the purpose of seeking or providing legal advice.

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

Attorneys have an ethical duty of candor to the court, prohibiting them from making false statements, presenting false evidence, or engaging in conduct that undermines the integrity of the proceedings.

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 evidence rule requires that when the contents of a document are at issue, the original document should be produced rather than testimony about what it contains.

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

In criminal cases, the defendant may offer evidence of a pertinent good character trait, and only then may the prosecution offer rebuttal character evidence.

(SD Bar) South Dakota Bar Exam Practice Test

(SD Bar) South Dakota Bar Exam Practice Test

SD Bar Evidence and Ethics