WY Bar Evidence 2

Question 1

A dying victim tells a paramedic 'the driver of the blue truck ran the red light and hit me.' The victim later dies. The statement is offered at trial. Which hearsay exception is most applicable?

Accepted Answer

Dying declaration under FRE 804(b)(2)

Answer

Present sense impression under FRE 803(1)

Answer

Excited utterance under FRE 803(2)

Answer

Statement against interest under FRE 804(b)(3)

Question 2

Under FRE 801(c), hearsay is defined as an out-of-court statement offered to prove:

Accepted Answer

The truth of the matter asserted

Answer

The credibility of the declarant

Answer

The existence of an operative fact

Answer

The effect on the listener

Question 3

Under FRE 609, a prior felony conviction may be used to impeach a witness if:

Accepted Answer

The crime involved dishonesty or false statement, or the probative value outweighs prejudicial effect, and the conviction is generally within 10 years

Answer

The conviction was for a crime involving moral turpitude, regardless of when it occurred

Answer

The prior conviction is for the same type of crime as the one at trial

Answer

The defendant waived their Fifth Amendment right by testifying

Question 4

Which of the following best describes the 'best evidence rule' under FRE 1002?

Accepted Answer

To prove the content of a writing, recording, or photograph, the original must be produced unless an exception applies

Answer

The most credible evidence must always be presented to the jury

Answer

Secondary evidence is never admissible if primary evidence is available

Answer

Oral testimony is always inferior to documentary evidence

Question 5

Under FRE 613, how may a party impeach a witness using a prior inconsistent statement?

Accepted Answer

The witness must be given an opportunity to explain or deny the statement at some point during trial

Answer

The prior statement must be shown to the witness before questioning them about it

Answer

The prior statement must be in writing to be used for impeachment

Answer

The prior statement must be from the same proceeding to be admissible for impeachment

Question 6

Under FRE 801(d)(1)(A), a prior inconsistent statement by a witness is classified as non-hearsay and thus substantively admissible only if the prior statement was:

Accepted Answer

Made under oath at a prior proceeding, deposition, or other formal setting

Answer

Inconsistent with the witness's trial testimony and more credible

Answer

Recorded in writing and signed by the witness

Answer

Made within one year of the current trial

Question 7

The marital communications privilege in federal courts and most states, including Wyoming, protects:

Accepted Answer

Confidential communications made between spouses during a valid marriage

Answer

All communications between spouses, including those made prior to marriage

Answer

Any statement by one spouse that would be harmful to the other spouse's case

Answer

Testimony by one spouse against the other spouse in any civil or criminal proceeding