ACP Evidence & Discovery Management 1 — Questions and Answers
Question 1: Under FRE 401, which of the following best defines 'relevant evidence'?
- Evidence having any tendency to make a fact of consequence more or less probable than it would be without the evidence (Correct answer)
- Evidence that is undisputed by both parties prior to trial
- Evidence admitted into the record without objection by opposing counsel
- Evidence authenticated by a qualified expert witness
Correct answer: Evidence having any tendency to make a fact of consequence more or less probable than it would be without the evidence
FRE 401 defines relevant evidence as evidence having any tendency to make a fact of consequence more or less probable than it would be without the evidence.
Question 2: Under FRE 403, a court may exclude relevant evidence when its probative value is substantially outweighed by the danger of:
- Being too complex for a lay jury to comprehend without expert guidance
- Unfair prejudice, confusing the issues, or misleading the jury (Correct answer)
- Contradicting other previously admitted evidence in the case
- Being cumulative of evidence already submitted by the same party
Correct answer: Unfair prejudice, confusing the issues, or misleading the jury
FRE 403 permits exclusion when probative value is substantially outweighed by dangers of unfair prejudice, confusion of the issues, misleading the jury, undue delay, wasting time, or needless cumulative evidence.
Question 3: Which of the following is NOT a recognized exception to the hearsay rule under the Federal Rules of Evidence?
- Present sense impression (FRE 803(1))
- Excited utterance (FRE 803(2))
- Expert opinion testimony (FRE 702) (Correct answer)
- Dying declaration (FRE 804(b)(2))
Correct answer: Expert opinion testimony (FRE 702)
Expert opinion testimony is governed by FRE 702–705 as a separate evidentiary framework, not as a hearsay exception; the others are all established hearsay exceptions.
Question 4: What is the primary purpose of maintaining a chain of custody for physical evidence?
- To prove the evidence was obtained pursuant to a valid search warrant
- To establish that the evidence has not been tampered with, altered, or contaminated (Correct answer)
- To authenticate witness testimony identifying the evidence at trial
- To demonstrate that the evidence is directly relevant to the claims at issue
Correct answer: To establish that the evidence has not been tampered with, altered, or contaminated
Chain of custody provides chronological documentation of who controlled evidence from collection to trial, establishing integrity and supporting admissibility by showing no tampering or contamination occurred.
Question 5: Under FRE 702 and the Daubert standard, expert witness testimony is admissible only if the expert's opinion is based on:
- Peer-reviewed publications accepted by the relevant scientific community exclusively
- Personal observation of the events at issue in the litigation
- Sufficient facts or data, reliable principles and methods, and proper application of those methods to the facts (Correct answer)
- Prior court decisions in which the same expert's testimony was accepted
Correct answer: Sufficient facts or data, reliable principles and methods, and proper application of those methods to the facts
Under FRE 702 as interpreted by Daubert v. Merrell Dow Pharmaceuticals, expert testimony must rest on sufficient facts, reliable methodology, and a reliable application of that methodology to the case facts.
Question 6: Which of the following best describes 'hearsay' as defined in FRE 801?
- Any oral statement made by a witness outside the presence of the jury
- An out-of-court statement offered to prove the truth of the matter asserted (Correct answer)
- Testimony about events the witness did not personally observe
- Any written communication produced during the course of litigation
Correct answer: An out-of-court statement offered to prove the truth of the matter asserted
FRE 801 defines hearsay as a statement made outside the current trial or hearing and offered to prove the truth of the matter asserted in the statement.
Question 7: The best evidence rule (FRE 1002) requires that, to prove the content of a writing, recording, or photograph, a party must produce:
- The most credible witness who can testify about the document's contents
- The original document, recording, or photograph unless unavailability is established (Correct answer)
- Certified expert testimony regarding the document's authenticity
- Corroborating evidence supporting any secondary description of the document
Correct answer: The original document, recording, or photograph unless unavailability is established
FRE 1002 requires production of the original writing, recording, or photograph to prove its content; secondary evidence is generally inadmissible unless the original is shown to be unavailable.
ACP Evidence & Discovery Management 1
Under FRE 401, which of the following best defines 'relevant evidence'?