VT Bar VT Bar Evidence 1 — Questions and Answers
Question 1: Under the Federal Rules of Evidence (as adopted in Vermont), which hearsay exception covers excited utterances?
- FRE 803(1) — Present sense impression
- FRE 803(2) — Excited utterance (Correct answer)
- FRE 803(3) — State of mind
- FRE 804(b)(2) — Dying declaration
Correct answer: FRE 803(2) — Excited utterance
FRE 803(2) provides the excited utterance exception for statements made under the stress of excitement caused by a startling event.
Question 2: The best evidence rule (FRE 1002) generally requires which of the following to prove the contents of a document?
- A witness who saw the original
- The original document itself (Correct answer)
- A certified copy
- Any reliable secondary evidence
Correct answer: The original document itself
Under the best evidence rule, a party seeking to prove the contents of a writing, recording, or photograph must produce the original unless an exception applies.
Question 3: Under FRE 404(b), evidence of prior bad acts is inadmissible to prove character but may be admitted for which other purposes?
- Only to impeach the defendant
- Proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake (Correct answer)
- Only in civil cases
- Only when the defendant testifies
Correct answer: Proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake
FRE 404(b)(2) allows prior act evidence for purposes such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake — just not propensity.
Question 4: Which privilege protects confidential communications between an attorney and their client from compelled disclosure?
- Work product doctrine
- Attorney-client privilege (Correct answer)
- Joint defense privilege
- Common interest privilege
Correct answer: Attorney-client privilege
The attorney-client privilege protects confidential communications between a client and their attorney made for the purpose of obtaining legal advice.
Question 5: Under FRE 702, expert testimony is admissible if it satisfies which standard?
- The Frye general acceptance test exclusively
- The Daubert standard: the testimony is based on sufficient facts, reliable methods, reliably applied to the facts (Correct answer)
- Any opinion by a person with specialized knowledge
- Only opinions from certified experts in their field
Correct answer: The Daubert standard: the testimony is based on sufficient facts, reliable methods, reliably applied to the facts
Under Daubert (as codified in FRE 702), expert testimony must be based on sufficient facts or data, use reliable principles and methods, and reliably apply those methods to the case facts.
Question 6: A statement made by a party opponent and offered against that party is classified as what under the Federal Rules?
- Non-hearsay under FRE 801(d)(2) (Correct answer)
- An exception to hearsay under FRE 803
- A prior inconsistent statement
- Inadmissible hearsay
Correct answer: Non-hearsay under FRE 801(d)(2)
Under FRE 801(d)(2), an opposing party's statement offered against them is defined as non-hearsay — it is excluded from the definition of hearsay entirely.
VT Bar VT Bar Evidence 1
Under the Federal Rules of Evidence (as adopted in Vermont), which hearsay exception covers excited utterances?