WV Bar Evidence 2

Question 1

Under West Virginia Rule of Evidence 702, expert testimony is admissible when the expert's opinion is based on:

Accepted Answer

Sufficient facts or data, reliable principles and methods, reliably applied to the facts of the case

Answer

Rule 702 requires that expert testimony rest on sufficient facts, reliable methodology, and reliable application of that methodology to the case facts, reflecting the Daubert reliability standard.

Question 2

The excited utterance exception to hearsay in West Virginia requires:

Accepted Answer

A startling event and a statement made under the stress of excitement caused by that event

Answer

Rule 803(2) requires a startling event or condition and a statement relating to that event made while the declarant was still under the stress of excitement caused by it.

Question 3

Lay witness opinion testimony in West Virginia is admissible when the opinion is:

Accepted Answer

Rationally based on the witness's first-hand perception and helpful to understanding the testimony

Answer

WV Rule 701 permits lay witness opinions when rationally based on personal perception, helpful to the fact-finder, and not based on specialized knowledge requiring expert qualification.

Question 4

Under the work-product doctrine in West Virginia, materials prepared by an attorney in anticipation of litigation are:

Accepted Answer

Protected from disclosure absent a showing of substantial need and inability to obtain equivalent information

Answer

The work-product doctrine (WV Rule 26) protects attorney-prepared litigation materials from discovery but can be overcome by showing substantial need and inability to obtain equivalent information without undue hardship.

Question 5

In a West Virginia criminal case, the Confrontation Clause of the Sixth Amendment requires:

Accepted Answer

That testimonial hearsay statements be subject to prior cross-examination if the declarant is unavailable

Answer

Under Crawford v. Washington, the Confrontation Clause bars admission of testimonial hearsay against a criminal defendant unless the declarant is unavailable and was previously subject to cross-examination.

WV Bar - West Virginia Bar Exam Practice Test

WV Bar - West Virginia Bar Exam Practice Test

WV Bar Evidence 2