AL Bar Evidence

Question 1

Under the Federal Rules of Evidence, hearsay is defined as an out-of-court statement offered to prove:

Accepted Answer

The truth of the matter asserted

Answer

The declarant's state of mind

Answer

That the statement was made

Answer

The listener's reaction

Question 2

Prior consistent statements of a witness are admissible as non-hearsay under FRE 801(d)(1)(B) when offered to:

Accepted Answer

Rehabilitate the witness after a charge of recent fabrication or improper influence

Answer

Bolster the witness's credibility generally

Answer

Contradict a prior inconsistent statement

Answer

Prove the truth of the matters stated

Question 3

The excited utterance exception to hearsay requires that the statement:

Accepted Answer

Relate to a startling event while the declarant was under the stress of excitement caused by it

Answer

Be made immediately after the event

Answer

Be corroborated by physical evidence

Answer

Come from an unavailable declarant

Question 4

Character evidence offered to show that a person acted in conformity with that character on a particular occasion is generally:

Accepted Answer

Inadmissible under FRE 404(a)

Answer

Always admissible

Answer

Admissible in civil cases only

Answer

Admissible if the character trait is relevant

Question 5

Lay witness opinion testimony is admissible under FRE 701 if the opinion is:

Accepted Answer

Rationally based on the witness's perceptions, helpful to the trier of fact, and not based on specialized knowledge

Answer

Supported by scientific methodology

Answer

Consistent with expert testimony in the field

Answer

About the ultimate issue in the case

Question 6

The best evidence rule requires the original document to prove its contents unless:

Accepted Answer

The original is lost or destroyed without bad faith, unavailable, or a collateral matter

Answer

The document is more than ten years old

Answer

A copy is certified by a notary

Answer

The opposing party stipulates to the copy's accuracy