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

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:

Accepted Answer

The truth of the matter asserted

Answer

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:

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

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?

Accepted Answer

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

Answer

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?

Accepted Answer

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

Answer

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.

WY Bar - Wyoming Bar Exam Practice Test

WY Bar - Wyoming Bar Exam Practice Test

WY Bar Evidence 2