WY Bar Evidence 2 — Questions and Answers
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?
- Present sense impression under FRE 803(1)
- Excited utterance under FRE 803(2)
- Dying declaration under FRE 804(b)(2) (Correct answer)
- Statement against interest under FRE 804(b)(3)
Correct answer: Dying declaration under FRE 804(b)(2)
A dying declaration under FRE 804(b)(2) applies when the declarant, believing death is imminent, makes a statement about the cause or circumstances of their impending death.
Question 2: Under FRE 801(c), hearsay is defined as an out-of-court statement offered to prove:
- The credibility of the declarant
- The truth of the matter asserted (Correct answer)
- The existence of an operative fact
- The effect on the listener
Correct answer: The truth of the matter asserted
FRE 801(c) defines hearsay as an out-of-court statement offered in evidence to prove the truth of the matter asserted in the statement.
Question 3: Under FRE 609, a prior felony conviction may be used to impeach a witness if:
- The conviction was for a crime involving moral turpitude, regardless of when it occurred
- The crime involved dishonesty or false statement, or the probative value outweighs prejudicial effect, and the conviction is generally within 10 years (Correct answer)
- The prior conviction is for the same type of crime as the one at trial
- The defendant waived their Fifth Amendment right by testifying
Correct answer: The crime involved dishonesty or false statement, or the probative value outweighs prejudicial effect, and the conviction is generally within 10 years
FRE 609 allows impeachment by prior felony conviction if it involved dishonesty/false statement (automatic) or if probative value outweighs prejudice, subject to the 10-year time limit.
Question 4: Which of the following best describes the 'best evidence rule' under FRE 1002?
- The most credible evidence must always be presented to the jury
- To prove the content of a writing, recording, or photograph, the original must be produced unless an exception applies (Correct answer)
- Secondary evidence is never admissible if primary evidence is available
- Oral testimony is always inferior to documentary evidence
Correct answer: To prove the content of a writing, recording, or photograph, the original must be produced unless an exception applies
FRE 1002 (the 'best evidence' or 'original document' rule) requires that to prove the content of a writing, recording, or photograph, the original must be produced unless a recognized exception applies.
Question 5: Under FRE 613, how may a party impeach a witness using a prior inconsistent statement?
- The prior statement must be shown to the witness before questioning them about it
- The prior statement must be in writing to be used for impeachment
- The witness must be given an opportunity to explain or deny the statement at some point during trial (Correct answer)
- The prior statement must be from the same proceeding to be admissible for impeachment
Correct answer: The witness must be given an opportunity to explain or deny the statement at some point during trial
FRE 613(b) requires that the witness be given an opportunity to explain or deny the prior inconsistent statement, and the opposing party be permitted to examine the witness about it.
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:
- Made under oath at a prior proceeding, deposition, or other formal setting (Correct answer)
- Inconsistent with the witness's trial testimony and more credible
- Recorded in writing and signed by the witness
- Made within one year of the current trial
Correct answer: Made under oath at a prior proceeding, deposition, or other formal setting
Under FRE 801(d)(1)(A), a prior inconsistent statement is non-hearsay only if it was given under penalty of perjury at a trial, hearing, other proceeding, or deposition.
Question 7: The marital communications privilege in federal courts and most states, including Wyoming, protects:
- All communications between spouses, including those made prior to marriage
- Confidential communications made between spouses during a valid marriage (Correct answer)
- Any statement by one spouse that would be harmful to the other spouse's case
- Testimony by one spouse against the other spouse in any civil or criminal proceeding
Correct answer: Confidential communications made between spouses during a valid marriage
The marital communications privilege protects confidential communications made between spouses during a valid marriage, and either spouse may invoke it.
WY Bar Evidence 2
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?