WY Bar Evidence

Question 1

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

Accepted Answer

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

Answer

Evidence that directly proves or disproves the ultimate issue in the case

Answer

Evidence that is admissible under a recognized hearsay exception

Answer

Evidence that is both material and competent under Wyoming common law

Question 2

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?

Accepted Answer

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

Answer

Sustain the objection because the statement was made out of court

Answer

Overrule the objection because it is a prior consistent statement

Answer

Sustain the objection unless the statement falls within a recognized hearsay exception

Question 3

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

Accepted Answer

Statement made in anticipation of litigation

Answer

Present sense impression

Answer

Excited utterance

Answer

Business records

Question 4

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

Accepted Answer

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

Answer

That the defendant is a violent person likely to commit crime

Answer

The defendant's general propensity for criminal behavior

Answer

Sentence enhancement factors in a criminal proceeding

Question 5

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

Accepted Answer

Attorney-client privilege

Answer

Work-product doctrine

Answer

Spousal communications privilege

Answer

Deliberative process privilege

Question 6

Under FRE 702, expert testimony is admissible if:

Accepted Answer

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

Answer

The expert is licensed in their field and the opinion is generally accepted in the scientific community

Answer

The expert's opinion will assist the jury and is not contradicted by other expert testimony

Answer

The expert has published peer-reviewed research on the subject matter at issue

Question 7

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

Accepted Answer

To encourage defendants to make repairs or improvements after accidents

Answer

To prevent unfair prejudice to the defendant

Answer

To avoid confusing the jury with post-accident conduct

Answer

To protect trade secrets and proprietary safety information