WY Bar Evidence 1 — Questions and Answers
Question 1: Under the Federal Rules of Evidence (adopted in Wyoming), which of the following is the best definition of relevant evidence?
- Evidence that directly proves or disproves the ultimate issue in the case
- 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 admissible under a recognized hearsay exception
- Evidence that is both material and competent under Wyoming common law
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 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?
- Sustain the objection because the statement was made out of court
- Overrule the objection because it is a prior consistent statement
- Overrule the objection because it is a party admission and not hearsay under FRE 801(d)(2) (Correct answer)
- Sustain the objection unless the statement falls within a recognized hearsay exception
Correct answer: Overrule the objection because it is a party admission and not hearsay under FRE 801(d)(2)
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?
- Present sense impression
- Excited utterance
- Statement made in anticipation of litigation (Correct answer)
- Business records
Correct answer: Statement made in anticipation of litigation
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:
- That the defendant is a violent person likely to commit crime
- Motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake (Correct answer)
- The defendant's general propensity for criminal behavior
- Sentence enhancement factors in a criminal proceeding
Correct answer: Motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake
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?
- Work-product doctrine
- Attorney-client privilege (Correct answer)
- Spousal communications privilege
- Deliberative process privilege
Correct answer: Attorney-client privilege
The attorney-client privilege protects confidential communications between attorney and client made for the purpose of obtaining or providing legal advice.
Question 6: Under FRE 702, expert testimony is admissible if:
- The expert is licensed in their field and the opinion is generally accepted in the scientific community
- The expert's opinion is based on sufficient facts, reliable methods, and the methods are reliably applied to the facts (Correct answer)
- The expert's opinion will assist the jury and is not contradicted by other expert testimony
- The expert has published peer-reviewed research on the subject matter at issue
Correct answer: The expert's opinion is based on sufficient facts, reliable methods, and the methods are reliably applied to the facts
FRE 702 (post-Daubert) requires expert testimony to be based on sufficient facts or data, reliable principles/methods, and reliable application of those methods to the case facts.
Question 7: Under FRE 407, which of the following is the primary purpose for excluding evidence of subsequent remedial measures?
- To prevent unfair prejudice to the defendant
- To encourage defendants to make repairs or improvements after accidents (Correct answer)
- To avoid confusing the jury with post-accident conduct
- To protect trade secrets and proprietary safety information
Correct answer: To encourage defendants to make repairs or improvements after accidents
FRE 407 excludes subsequent remedial measures primarily to encourage persons to make safety improvements without fear the measures will be used against them.
WY Bar Evidence 1
Under the Federal Rules of Evidence (adopted in Wyoming), which of the following is the best definition of relevant evidence?