Evidence Flashcards
6 cards from real AL BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 Evidence flashcards as text
Under FRE 407, evidence of subsequent remedial measures is inadmissible to prove:
Answer: Negligence or culpable conduct in connection with the event
FRE 407 bars evidence of subsequent remedial measures to prove negligence, culpable conduct, a defect in a product, or a need for a warning.
The residual hearsay exception under FRE 807 permits admission of otherwise inadmissible hearsay when it has:
Answer: Strong circumstantial guarantees of trustworthiness and admission serves the interests of justice
FRE 807 allows residual hearsay with circumstantial guarantees of trustworthiness equivalent to the listed exceptions, when admission serves justice and notice is given.
Judicial notice of adjudicative facts under FRE 201 is appropriate when the fact is:
Answer: Not subject to reasonable dispute because it is generally known or accurately determinable
FRE 201 permits judicial notice of adjudicative facts that are either generally known in the jurisdiction or capable of accurate determination from reliable sources.
A party who calls an expert witness may elicit testimony about the expert's opinion and the basis for it; that basis may include information:
Answer: That experts in the field reasonably rely upon, even if otherwise inadmissible
FRE 703 allows an expert to base an opinion on facts or data that experts in the field reasonably rely upon, even if those facts are otherwise inadmissible.
Under FRE 412 (Rape Shield Rule), evidence of a victim's prior sexual behavior is generally:
Answer: Inadmissible, with narrow exceptions for source of physical evidence or prior acts with the defendant
FRE 412 bars evidence of a victim's prior sexual behavior or predisposition, with limited exceptions such as proving the source of physical evidence or prior consensual acts with the accused.
A present sense impression under FRE 803(1) requires that the statement:
Answer: Be made while or immediately after the declarant perceived the event it describes
FRE 803(1) requires the statement to describe or explain an event while the declarant was perceiving it or immediately thereafter.