VT Bar VT Bar Evidence

Question 1

Under the Federal Rules of Evidence (as adopted in Vermont), which hearsay exception covers excited utterances?

Accepted Answer

FRE 803(2) — Excited utterance

Answer

FRE 803(1) — Present sense impression

Answer

FRE 803(3) — State of mind

Answer

FRE 804(b)(2) — Dying declaration

Question 2

The best evidence rule (FRE 1002) generally requires which of the following to prove the contents of a document?

Accepted Answer

The original document itself

Answer

A witness who saw the original

Answer

A certified copy

Answer

Any reliable secondary evidence

Question 3

Under FRE 404(b), evidence of prior bad acts is inadmissible to prove character but may be admitted for which other purposes?

Accepted Answer

Proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake

Answer

Only to impeach the defendant

Answer

Only in civil cases

Answer

Only when the defendant testifies

Question 4

Which privilege protects confidential communications between an attorney and their client from compelled disclosure?

Accepted Answer

Attorney-client privilege

Answer

Work product doctrine

Answer

Joint defense privilege

Answer

Common interest privilege

Question 5

Under FRE 702, expert testimony is admissible if it satisfies which standard?

Accepted Answer

The Daubert standard: the testimony is based on sufficient facts, reliable methods, reliably applied to the facts

Answer

The Frye general acceptance test exclusively

Answer

Any opinion by a person with specialized knowledge

Answer

Only opinions from certified experts in their field

Question 6

A statement made by a party opponent and offered against that party is classified as what under the Federal Rules?

Accepted Answer

Non-hearsay under FRE 801(d)(2)

Answer

An exception to hearsay under FRE 803

Answer

A prior inconsistent statement

Answer

Inadmissible hearsay