HI Bar Evidence 3

Question 1

Under HRE Rule 613, extrinsic evidence of a prior inconsistent statement of a witness is admissible only if:

Accepted Answer

The witness is given an opportunity to explain or deny the statement

Answer

The statement was made under oath

Answer

The statement was reduced to writing

Answer

The opposing counsel stipulates to its admission

Question 2

Under the Hawaii Rules of Evidence, which of the following is an example of judicial notice of an adjudicative fact?

Accepted Answer

A court taking notice that Honolulu is in the State of Hawaii

Answer

A judge deciding which expert is more credible

Answer

A jury inferring guilt from silence

Answer

A court admitting a document without authentication

Question 3

In Hawaii, the crime-fraud exception can defeat the attorney-client privilege when:

Accepted Answer

The client sought legal advice to facilitate a future crime or fraud

Answer

The client is charged with a felony

Answer

The attorney was negligent in the representation

Answer

The case involves a government entity

Question 4

Under HRE Rule 609, evidence of a prior felony conviction may be used to impeach a witness if:

Accepted Answer

The probative value of the conviction outweighs its prejudicial effect, and the conviction is within 10 years

Answer

The conviction was for any crime, regardless of date

Answer

The witness denies the conviction on the stand

Answer

The crime involved moral turpitude regardless of sentence

Question 5

Under HRE Rule 407, which of the following uses of subsequent remedial measure evidence IS permitted?

Accepted Answer

To prove ownership, control, or feasibility of precautionary measures if controverted

Answer

To prove the defendant was negligent at the time of the accident

Answer

To prove that the product was unreasonably dangerous

Answer

To establish the standard of care in the industry

Question 6

A witness's credibility in Hawaii may be attacked by evidence of which of the following?

Accepted Answer

A prior conviction for a crime involving dishonesty or false statement (crimen falsi)

Answer

The witness's religious beliefs or lack thereof

Answer

The witness's national origin

Answer

The witness's prior civil litigation history