CT Bar Evidence 2

Question 1

Under FRE 602, a lay witness may testify about a matter only if they have what foundation?

Accepted Answer

Personal knowledge of the matter

Answer

Expert qualifications in the relevant field

Answer

Corroborating documentary evidence

Answer

Prior sworn testimony on the same subject

Question 2

For a lay witness to offer opinion testimony under FRE 701, the opinion must NOT be based on what type of knowledge?

Accepted Answer

Scientific, technical, or other specialized knowledge

Answer

Rational perception from personal observation

Answer

Information helpful to the trier of fact

Answer

The witness's direct sensory experience

Question 3

The business records exception to hearsay (FRE 803(6)) requires that the record be made:

Accepted Answer

At or near the time of the event by someone with knowledge, in the regular course of business

Answer

By a government agency in the regular performance of its duties

Answer

By the party introducing the evidence

Answer

Within 72 hours of the business transaction

Question 4

The attorney-client privilege protects which category of communications?

Accepted Answer

Confidential communications between attorney and client made for the purpose of obtaining legal advice

Answer

All documents stored in an attorney's office files

Answer

Communications between co-defendants in a criminal proceeding

Answer

Any statement made by a client in the presence of their attorney

Question 5

Under FRE 901, authentication of a document or item requires:

Accepted Answer

Evidence sufficient to support a finding that the item is what the proponent claims

Answer

A notary's seal or official certification

Answer

Testimony from the creator of the document

Answer

Chain of custody documentation for the entire period

Question 6

Learned treatises may be used to cross-examine an expert witness under FRE 803(18) when the treatise is:

Accepted Answer

Established as reliable by the expert, another expert, or judicial notice

Answer

Authored by the expert being cross-examined

Answer

Admitted into evidence as a full exhibit for the jury

Answer

Published within the past ten years

Question 7

Under FRE 412 (the Rape Shield Rule), evidence of an alleged victim's past sexual behavior is generally inadmissible but may be admitted in a criminal case to:

Accepted Answer

Prove the source of physical evidence such as semen or injury

Answer

Prove that the victim consented to sexual activity with the defendant

Answer

Show that the victim has a history of making false allegations

Answer

Establish the victim's character for truthfulness