UT Bar Evidence 5

Question 1

During deliberations, a juror researched the defendant online and shared findings with the jury. On a motion for new trial, jurors may testify about:

Accepted Answer

Whether extraneous prejudicial information was improperly brought to the jury's attention

Answer

Rule 606(b) generally bars juror testimony about deliberations but excepts extraneous prejudicial information and outside influences.

Question 2

The prosecution's DNA expert bases her opinion partly on population data compiled by other scientists that is not itself admitted. Her opinion is:

Accepted Answer

Admissible if experts in the field reasonably rely on such data

Answer

Under Rule 703, an expert may rely on inadmissible facts or data if experts in the field would reasonably rely on them in forming opinions.

Question 3

In a Utah rape prosecution, the defense seeks to introduce evidence of the victim's prior sexual conduct with third parties to suggest consent. Under the rape shield rule, this evidence is:

Accepted Answer

Generally inadmissible, subject to narrow exceptions such as prior conduct with the defendant or an alternate source of physical evidence

Answer

Rule 412 bars evidence of a victim's other sexual behavior except in narrow circumstances, such as explaining physical evidence or prior conduct with the accused on consent.

Question 4

A party calls its own witness, who unexpectedly gives damaging testimony. The party may impeach its own witness:

Accepted Answer

Freely, because any party may attack any witness's credibility

Answer

Rule 607 abolished the common-law voucher rule, so any party, including the calling party, may impeach a witness.

Question 5

An email is offered against a corporation; it was written by its sales manager about pricing decisions within her job duties. The email is:

Accepted Answer

Non-hearsay as a statement by the party's agent on a matter within the scope of the agency relationship

Answer

Under Rule 801(d)(2)(D), a statement by a party's agent or employee on a matter within the scope of employment, made during the relationship, is not hearsay.

(UT Bar) Utah Bar Exam Practice Test

(UT Bar) Utah Bar Exam Practice Test

UT Bar Evidence 5