VT Bar VT Bar Evidence 1

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(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?

Accepted Answer

The original document itself

Answer

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?

Accepted Answer

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

Answer

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?

Accepted Answer

Attorney-client privilege

Answer

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?

Accepted Answer

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

Answer

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.

(VT Bar) Vermont Bar Exam Practice Test

(VT Bar) Vermont Bar Exam Practice Test

VT Bar VT Bar Evidence 1