VT Bar Evidence Flashcards

Authentication of a document under FRE 901 requires the proponent to produce evidence sufficient to support a finding that the item is what?

Answer: What the proponent claims it to be

FRE 901 requires the proponent to produce evidence sufficient to support a finding that the item is what the proponent claims it to be.

Under the physician-patient privilege in Vermont, which of the following is NOT protected?

Answer: Medical information reported to public health authorities as required by law

Mandatory public health reports, such as communicable disease reports required by law, fall outside physician-patient privilege because the disclosure is legally compelled.

A dying declaration is admissible as an exception to the hearsay rule under FRE 804(b)(2) in which types of cases?

Answer: Only homicide prosecutions and civil cases

Under FRE 804(b)(2), dying declarations are admissible only in homicide prosecutions and civil cases — not in other criminal cases.

Lay witness opinion testimony is admissible under FRE 701 if it is rationally based on the witness's perception and helpful to the trier of fact, and does NOT require which of the following?

Answer: Scientific, technical, or specialized knowledge

FRE 701 permits lay opinion testimony that is rationally based on perception and helpful, specifically providing that it must not be based on scientific, technical, or other specialized knowledge (which would require FRE 702 compliance).

Under FRE 615, a court must exclude witnesses from the courtroom during trial testimony at the request of a party, except for which person?

Answer: A party who is a natural person, an organization's designated representative, or a person whose presence is essential to a party's claim

FRE 615 excludes witnesses on request but exempts a party who is a natural person, a designated organizational representative, and any person whose presence is shown to be essential.

Under FRE 106 (the rule of completeness), if a party introduces part of a writing or recorded statement, the opposing party may require introduction of which additional portions?

Answer: Any other part that in fairness ought to be considered at the same time

FRE 106 requires that when part of a writing or recorded statement is introduced, the adverse party may demand admission of any other part that in fairness ought to be considered simultaneously.