Evidence Flashcards

Under the Federal Rules of Evidence (adopted in Wyoming), which of the following is the best definition of relevant evidence?

Answer: Evidence having any tendency to make a fact of consequence more or less probable than it would be without the evidence

FRE 401 defines relevant evidence as evidence having any tendency to make a fact of consequence more or less probable than without the evidence.

A witness testifies that she heard the defendant say 'I did it and I'd do it again.' The defendant objects on hearsay grounds. How should the court rule?

Answer: Overrule the objection because it is a party admission and not hearsay under FRE 801(d)(2)

Under FRE 801(d)(2), a statement made by a party-opponent is defined as non-hearsay and is admissible as a party admission.

Which of the following is NOT a recognized exception to the hearsay rule under FRE 803?

Answer: Statement made in anticipation of litigation

Statements made in anticipation of litigation are not a hearsay exception; FRE 803 includes present sense impression, excited utterance, and business records, among others.

Under FRE 404(b), evidence of a defendant's prior bad acts is generally inadmissible to prove character but may be admitted to prove:

Answer: Motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake

FRE 404(b)(2) allows prior bad act evidence to prove motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.

Which privilege protects confidential communications between an attorney and client for the purpose of seeking or rendering legal advice?

Answer: Attorney-client privilege

The attorney-client privilege protects confidential communications between attorney and client made for the purpose of obtaining or providing legal advice.

Under FRE 702, expert testimony is admissible if:

Answer: The expert's opinion is based on sufficient facts, reliable methods, and the methods are reliably applied to the facts

FRE 702 (post-Daubert) requires expert testimony to be based on sufficient facts or data, reliable principles/methods, and reliable application of those methods to the case facts.

Under FRE 407, which of the following is the primary purpose for excluding evidence of subsequent remedial measures?

Answer: To encourage defendants to make repairs or improvements after accidents

FRE 407 excludes subsequent remedial measures primarily to encourage persons to make safety improvements without fear the measures will be used against them.