WY Bar Evidence 1

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

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

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

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

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

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

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

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

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

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

WY Bar - Wyoming Bar Exam Practice Test

WY Bar - Wyoming Bar Exam Practice Test

WY Bar Evidence 1