Evidence Law Quiz
Questions: 16 · 10 minutes
1. While watching a car leave an accident scene, a caller tells a 911 operator, “The blue sedan is turning east onto Pine Street now.” Which hearsay exception most directly fits the timing of this description?
Past recollection recorded
Statement against interest
Then-existing state of mind
Present-sense impression
2. During her employment, a delivery company's driver told a customer, “Our dispatch system sent me to the wrong address.” The customer offers the statement against the company in a related lawsuit. Which classification is most accurate?
It may be treated as an opposing party's statement because it concerned a matter within the driver's employment and was made during that relationship.
It is admissible only if it qualifies as a present-sense impression.
It is automatically a business record because the driver discussed company operations.
It is hearsay because only statements made by company executives can be used against a company.
3. In a federal criminal case, a court takes judicial notice of an adjudicative fact. What must the court tell the jury about that fact?
The jury must accept the fact as conclusive, just as in a civil case.
The jury must disregard the fact unless both parties formally stipulated to it.
The jury may consider the fact only if an expert witness independently verifies it.
The jury may, but is not required to, accept the noticed fact as conclusive.
4. A pedestrian watched a car pass under good lighting and estimates that it was traveling about 45 miles per hour. She uses ordinary observation rather than accident-reconstruction methods. How may the estimate be treated?
It is inadmissible because speed can be estimated only by a qualified expert.
It may be admitted as lay opinion if rationally based on her perception and helpful to understanding her testimony.
It is admissible only if a speed-measuring device confirms the exact estimate.
It is hearsay because the estimate expresses a conclusion rather than a sensory fact.
5. After a claim becomes disputed, the parties begin settlement negotiations. During those talks, the defendant says, “My brakes had been worn for weeks.” The plaintiff offers that statement solely to prove liability. What is the usual federal result?
It is admissible because factual admissions are always separated from settlement offers.
It is admissible if the statement appears trustworthy.
It is generally excluded because statements made during compromise negotiations cannot be used for that purpose.
It is excluded only if the defendant also offered a specific amount of money in the same sentence.
6. A prosecutor offers a highly graphic photograph that has some value in proving the cause of death. Under Rule 403, when may the judge exclude it?
Whenever the photograph creates any emotional reaction in a juror.
Only when the defense offers a less graphic photograph of the same scene.
When its probative value is substantially outweighed by a danger such as unfair prejudice.
Whenever the photograph is cumulative of testimony, even if it adds meaningful detail.
7. Under the Federal Rules of Evidence, evidence is relevant when it has what two characteristics?
It is reliable enough to establish a consequential fact beyond a reasonable doubt.
It directly proves a disputed fact and is supported by at least two witnesses.
It concerns a fact mentioned in the pleadings, regardless of whether it changes any probability.
It tends to make a consequential fact more or less probable than it would be without the evidence.
8. Which requirement is central to admitting expert testimony under Federal Rule of Evidence 702?
The expert's opinion must resolve the ultimate issue for the jury.
The expert's conclusion must be accepted by every specialist in the field.
The expert must have personally observed the events in dispute.
The testimony must rest on sufficient facts or data and reliable methods that are reliably applied to the case.
9. In a fraud prosecution, the defendant calls a reputation witness to testify that the defendant is known for honesty. What may the prosecution generally do?
Rebut the evidence because the defendant placed a pertinent character trait at issue.
Object successfully because a criminal defendant may never introduce character evidence first.
Rebut only by introducing evidence of unrelated dishonest acts as direct proof of guilt.
Cross-examine the witness only about the defendant's reputation for peacefulness.
10. A store offers a routinely generated sales record through its records custodian. What foundation is generally central to the business-records exception?
The custodian must have personally entered every item shown in the record.
The record must have been notarized before the dispute arose.
The record was made near the time by someone with knowledge, kept in a regularly conducted activity, and made as a regular practice.
Every employee who supplied information for the record must testify.
11. For many years, a commuter has buckled her seat belt immediately upon entering any car, without exception. In a case disputing whether she buckled up on one particular trip, how is this evidence most likely classified?
As inadmissible character evidence offered to show action in conformity with cautiousness.
As hearsay because her repeated conduct communicates an implied belief about safety.
As potentially admissible habit evidence offered to show that she followed the same routine on that trip.
As inadmissible unless another person observed every prior trip.
12. A witness did not observe a transaction but wants to testify to the exact obligations stated in a written contract. Which statement best describes the original-writing rule?
Because the contract's contents are being proved, an original or admissible duplicate is generally required unless an exception excuses production.
Only the handwritten first version can be used; duplicates are never permitted.
The rule applies only when a witness challenges the authenticity of a signature.
Oral testimony is always sufficient because evidentiary rules favor live witnesses over documents.
13. A client asks a friend to sit in on a legal consultation for emotional support, although the friend is not needed to help provide legal services. How does the friend's presence generally affect attorney-client privilege?
It generally prevents the communication from being confidential and therefore protected by the privilege.
It strengthens the privilege by giving the client a witness to the consultation.
It has no effect because every conversation in a lawyer's office is privileged.
It converts the communication into protected attorney work product.
14. After a visitor falls from a loose railing, the property owner repairs it. At trial, the owner disputes having controlled the railing. For which purpose may evidence of the repair potentially be admitted?
To prove that the owner was negligent because repairs imply prior fault.
To help prove ownership or control, if that issue is genuinely disputed.
To establish the amount of damages caused by the fall.
To show that any warning given before the fall was legally insufficient.
15. Which statement best defines hearsay under the Federal Rules of Evidence?
Any statement made by a person who is not currently testifying in court.
An out-of-court statement offered to prove the truth of what it asserts.
Any oral statement offered without an opportunity for immediate cross-examination.
An unreliable statement offered to prove a disputed fact.
16. A party offers a printed email. The recipient testifies that she recognizes the sender's address, writing style, and references to a meeting only they attended. What authentication standard generally applies?
The party must eliminate every possibility that another person wrote the email.
The party must produce enough evidence to support a finding that the email is what the party claims it is.
Only testimony from a digital-forensics expert can authenticate an email.
The email is self-authenticating solely because it displays a sender address and date.