HI Bar Evidence

Question 1

Under the Hawaii Rules of Evidence, which standard governs the admissibility of expert scientific testimony?

Accepted Answer

The Daubert reliability standard, as adopted by Hawaii

Answer

The Frye 'general acceptance' standard

Answer

Any testimony from a licensed professional is automatically admissible

Answer

Expert testimony is never required in Hawaii courts

Question 2

Under HRE Rule 404(b), evidence of prior bad acts is generally inadmissible to prove character, but may be admissible to show:

Accepted Answer

Motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake

Answer

The defendant's propensity to commit crimes

Answer

Only the defendant's prior convictions

Answer

Nothing — prior bad acts are always excluded

Question 3

Under the Hawaii Rules of Evidence, a hearsay statement is admissible as a present sense impression if it was made:

Accepted Answer

While the declarant was perceiving or immediately after perceiving the event

Answer

Within 24 hours of the event

Answer

Only if the declarant is unavailable at trial

Answer

After the declarant consulted an attorney

Question 4

The attorney-client privilege in Hawaii protects confidential communications between attorney and client. Which of the following would MOST LIKELY waive the privilege?

Accepted Answer

Disclosing the communication to a third party not essential to the representation

Answer

Discussing the matter with co-counsel

Answer

Sending documents by encrypted email

Answer

Filing a motion in court

Question 5

Under HRE Rule 801, which of the following is NOT hearsay?

Accepted Answer

A prior inconsistent statement made under oath at a prior proceeding, offered to impeach

Answer

A witness testifying about what a bystander told them at the scene

Answer

A letter written by the defendant describing his plans

Answer

A police officer reading a witness's written statement aloud at trial

Question 6

In a Hawaii civil case, relevant evidence may be excluded under HRE Rule 403 if its probative value is substantially outweighed by:

Accepted Answer

The danger of unfair prejudice, confusion of the issues, or misleading the jury

Answer

The cost of presenting it

Answer

The opposing party's objection

Answer

The judge's personal opinion of its credibility