HI Bar Evidence 1 — Questions and Answers
Question 1: Under the Hawaii Rules of Evidence, which standard governs the admissibility of expert scientific testimony?
- The Frye 'general acceptance' standard
- The Daubert reliability standard, as adopted by Hawaii (Correct answer)
- Any testimony from a licensed professional is automatically admissible
- Expert testimony is never required in Hawaii courts
Correct answer: The Daubert reliability standard, as adopted by Hawaii
Hawaii adopted the Daubert standard, requiring trial courts to act as gatekeepers to ensure expert testimony is based on reliable methodology.
Question 2: Under HRE Rule 404(b), evidence of prior bad acts is generally inadmissible to prove character, but may be admissible to show:
- The defendant's propensity to commit crimes
- Motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake (Correct answer)
- Only the defendant's prior convictions
- Nothing — prior bad acts are always excluded
Correct answer: Motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake
HRE 404(b) permits prior bad act evidence for non-character purposes such as proving motive, intent, knowledge, or identity.
Question 3: Under the Hawaii Rules of Evidence, a hearsay statement is admissible as a present sense impression if it was made:
- Within 24 hours of the event
- While the declarant was perceiving or immediately after perceiving the event (Correct answer)
- Only if the declarant is unavailable at trial
- After the declarant consulted an attorney
Correct answer: While the declarant was perceiving or immediately after perceiving the event
HRE Rule 803(1) allows a present sense impression if the statement was made while or immediately after the declarant perceived the event.
Question 4: The attorney-client privilege in Hawaii protects confidential communications between attorney and client. Which of the following would MOST LIKELY waive the privilege?
- Discussing the matter with co-counsel
- Disclosing the communication to a third party not essential to the representation (Correct answer)
- Sending documents by encrypted email
- Filing a motion in court
Correct answer: Disclosing the communication to a third party not essential to the representation
Voluntary disclosure of a privileged communication to a third party outside the privilege destroys confidentiality and waives the attorney-client privilege.
Question 5: Under HRE Rule 801, which of the following is NOT hearsay?
- A witness testifying about what a bystander told them at the scene
- A prior inconsistent statement made under oath at a prior proceeding, offered to impeach (Correct answer)
- A letter written by the defendant describing his plans
- A police officer reading a witness's written statement aloud at trial
Correct answer: A prior inconsistent statement made under oath at a prior proceeding, offered to impeach
Under HRE 801(b)(1), a prior inconsistent statement made under oath at a prior proceeding is defined as non-hearsay when offered to impeach.
Question 6: In a Hawaii civil case, relevant evidence may be excluded under HRE Rule 403 if its probative value is substantially outweighed by:
- The cost of presenting it
- The danger of unfair prejudice, confusion of the issues, or misleading the jury (Correct answer)
- The opposing party's objection
- The judge's personal opinion of its credibility
Correct answer: The danger of unfair prejudice, confusion of the issues, or misleading the jury
HRE Rule 403 authorizes exclusion of relevant evidence when its probative value is substantially outweighed by the risk of unfair prejudice, confusion, or misleading the jury.
HI Bar Evidence 1
Under the Hawaii Rules of Evidence, which standard governs the admissibility of expert scientific testimony?