AR Bar Evidence 1 — Questions and Answers
Question 1: Under the Arkansas Rules of Evidence, which of the following is NOT hearsay?
- A witness repeating what a bystander told her about the accident
- A prior inconsistent statement made under oath at a prior proceeding (Correct answer)
- A customer's diary entry about a store visit
- A letter written by the defendant describing the incident
Correct answer: A prior inconsistent statement made under oath at a prior proceeding
Under ARe Rule 801(d)(1), a prior inconsistent statement made under oath at a prior proceeding is defined as non-hearsay and is admissible as substantive evidence.
Question 2: Under Arkansas Rule of Evidence 404(b), evidence of prior bad acts may be admissible to prove:
- Character to show the defendant acted in conformity therewith
- Motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake (Correct answer)
- Only prior convictions, not arrests
- The defendant's general reputation in the community
Correct answer: Motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake
Rule 404(b) prohibits prior bad acts to prove propensity but allows them to prove motive, intent, plan, knowledge, identity, or absence of mistake or accident.
Question 3: Under Arkansas Rule of Evidence 701, lay witness opinion testimony is admissible if it is:
- Based on scientific data
- Rationally based on the witness's own perception and helpful to the trier of fact (Correct answer)
- Supported by expert reports
- Made under oath only in depositions
Correct answer: Rationally based on the witness's own perception and helpful to the trier of fact
Lay opinion under Rule 701 must be rationally based on the witness's firsthand perception and helpful in understanding the testimony or a fact in issue.
Question 4: Under Arkansas Rule of Evidence 501, attorney-client privilege in state civil proceedings is governed by:
- Federal common law
- Arkansas state law (Correct answer)
- The ABA Model Rules only
- The defendant's choice of privilege
Correct answer: Arkansas state law
In state court proceedings, privilege questions are governed by Arkansas state law, not federal common law.
Question 5: The 'best evidence rule' under Arkansas Rule of Evidence 1002 requires:
- The most credible witness to testify first
- An original document when its contents are at issue (Correct answer)
- Photographs instead of witness testimony
- The most experienced expert witness available
Correct answer: An original document when its contents are at issue
Rule 1002 requires production of the original writing, recording, or photograph to prove its contents, unless an exception applies.
Question 6: Under Arkansas Rule of Evidence 803(6), a business record is admissible as an exception to hearsay if it was made:
- By a government official only
- In the regular course of business at or near the time of the event by someone with personal knowledge (Correct answer)
- Only if authenticated by the court
- After the lawsuit was filed
Correct answer: In the regular course of business at or near the time of the event by someone with personal knowledge
The business records exception requires the record to be made near the time of the event by someone with personal knowledge, in the regular course of a business activity.
AR Bar Evidence 1
Under the Arkansas Rules of Evidence, which of the following is NOT hearsay?