WV Bar Evidence 1 — Questions and Answers
Question 1: Under the West Virginia Rules of Evidence, hearsay is defined as an out-of-court statement offered to prove:
- The declarant's mental state
- The truth of the matter asserted (Correct answer)
- That the statement was made
- The credibility of the witness
Correct answer: The truth of the matter asserted
Hearsay is defined in WV Rule of Evidence 801 as an out-of-court statement offered to prove the truth of the matter asserted in the statement.
Question 2: Which hearsay exception applies to statements made for purposes of medical diagnosis or treatment?
- Present sense impression
- Excited utterance
- Statements for medical diagnosis or treatment (Correct answer)
- Dying declaration
Correct answer: Statements for medical diagnosis or treatment
WV Rule of Evidence 803(4) provides a hearsay exception for statements made for purposes of medical diagnosis or treatment, including statements about the cause of injury.
Question 3: The attorney-client privilege in West Virginia protects confidential communications between:
- Any lawyer and anyone they speak to
- A client and their attorney made in confidence for the purpose of seeking legal advice (Correct answer)
- A client and a paralegal only
- Attorneys discussing a case with each other
Correct answer: A client and their attorney made in confidence for the purpose of seeking legal advice
The attorney-client privilege protects confidential communications between a client and their lawyer made for the purpose of obtaining legal advice.
Question 4: Under West Virginia Rule of Evidence 404(b), evidence of prior bad acts is generally inadmissible to prove:
- Motive or intent
- Character conformity (propensity to act in accordance with that character) (Correct answer)
- Identity of the perpetrator
- Absence of mistake
Correct answer: Character conformity (propensity to act in accordance with that character)
Rule 404(b) prohibits using prior bad acts evidence to show that a person acted in conformity with their character on the occasion in question, but allows it for other purposes like motive, intent, or identity.
Question 5: The best evidence rule in West Virginia requires production of the original document when:
- Any written document is at issue
- The contents of a writing, recording, or photograph are at issue (Correct answer)
- A party disputes the document's authenticity
- Multiple copies of a document exist
Correct answer: The contents of a writing, recording, or photograph are at issue
WV Rule of Evidence 1002 requires the original writing, recording, or photograph when the contents of that document are at issue; it does not apply to every written document.
Question 6: Which of the following statements is NOT hearsay under the West Virginia Rules of Evidence?
- A witness testifying about what another person told them about an accident
- A document created by an absent third party offered to prove its contents
- A party's own prior inconsistent statement offered to prove the matter asserted
- A party's admission against interest offered against that party (Correct answer)
Correct answer: A party's admission against interest offered against that party
Under WV Rule 801(d)(2), admissions by a party-opponent are defined as non-hearsay and are freely admissible against the party who made them.
WV Bar Evidence 1
Under the West Virginia Rules of Evidence, hearsay is defined as an out-of-court statement offered to prove: