WV Bar Evidence

Question 1

Under the West Virginia Rules of Evidence, hearsay is defined as an out-of-court statement offered to prove:

Accepted Answer

The truth of the matter asserted

Answer

The declarant's mental state

Answer

That the statement was made

Answer

The credibility of the witness

Question 2

Which hearsay exception applies to statements made for purposes of medical diagnosis or treatment?

Accepted Answer

Statements for medical diagnosis or treatment

Answer

Present sense impression

Answer

Excited utterance

Answer

Dying declaration

Question 3

The attorney-client privilege in West Virginia protects confidential communications between:

Accepted Answer

A client and their attorney made in confidence for the purpose of seeking legal advice

Answer

Any lawyer and anyone they speak to

Answer

A client and a paralegal only

Answer

Attorneys discussing a case with each other

Question 4

Under West Virginia Rule of Evidence 404(b), evidence of prior bad acts is generally inadmissible to prove:

Accepted Answer

Character conformity (propensity to act in accordance with that character)

Answer

Motive or intent

Answer

Identity of the perpetrator

Answer

Absence of mistake

Question 5

The best evidence rule in West Virginia requires production of the original document when:

Accepted Answer

The contents of a writing, recording, or photograph are at issue

Answer

Any written document is at issue

Answer

A party disputes the document's authenticity

Answer

Multiple copies of a document exist

Question 6

Which of the following statements is NOT hearsay under the West Virginia Rules of Evidence?

Accepted Answer

A party's admission against interest offered against that party

Answer

A witness testifying about what another person told them about an accident

Answer

A document created by an absent third party offered to prove its contents

Answer

A party's own prior inconsistent statement offered to prove the matter asserted