NC Bar Evidence 2 — Questions and Answers
Question 1: Under FRE 801(d)(2), a party admission is classified as:
- A hearsay exception requiring unavailability
- Non-hearsay — a party's own statement offered against that party (Correct answer)
- Admissible only with corroboration
- A prior inconsistent statement
Correct answer: Non-hearsay — a party's own statement offered against that party
FRE 801(d)(2) defines party admissions as non-hearsay; a party's own statements offered against them are by definition not hearsay.
Question 2: The excited utterance exception (FRE 803(2)) requires that the statement:
- Be made immediately after the startling event
- Relate to a startling event while the declarant was still under its stress (Correct answer)
- Be made to a law enforcement officer
- Be corroborated by independent evidence
Correct answer: Relate to a startling event while the declarant was still under its stress
An excited utterance must relate to a startling event and be made while the declarant is still under the stress or excitement of that event.
Question 3: Under FRE 407, evidence of subsequent remedial measures is inadmissible to prove:
- Ownership or control of the instrumentality
- Feasibility of precautionary measures if disputed
- Negligence or culpable conduct (Correct answer)
- Impeachment of a witness
Correct answer: Negligence or culpable conduct
FRE 407 bars subsequent remedial measures as proof of negligence or culpable conduct, though they may be admitted for other purposes like proving ownership.
Question 4: Character evidence of a victim's prior sexual behavior in a rape case is governed by:
- FRE 404(a)
- FRE 608
- FRE 412 (the Rape Shield Rule) (Correct answer)
- FRE 415
Correct answer: FRE 412 (the Rape Shield Rule)
FRE 412 (the Rape Shield Rule) generally bars evidence of a victim's prior sexual behavior or predisposition in civil and criminal cases involving sexual misconduct.
Question 5: Under FRE 702, expert testimony is admissible if the expert's opinion is based on sufficient facts, reliable methods, and:
- Published peer-reviewed research only
- The expert's opinion reliably applies the methods to the facts of the case (Correct answer)
- Universal acceptance in the relevant scientific community
- Approval by the opposing party's expert
Correct answer: The expert's opinion reliably applies the methods to the facts of the case
Post-Daubert, FRE 702 requires that the expert reliably apply the methodology to the case facts, not just that the methodology is valid in isolation.
Question 6: The present sense impression exception (FRE 803(1)) allows statements made:
- During a medical emergency to a treating physician
- While or immediately after the declarant perceived an event (Correct answer)
- Under oath in a prior proceeding
- In the course of a business record
Correct answer: While or immediately after the declarant perceived an event
FRE 803(1) covers statements describing an event made while perceiving it or immediately thereafter, ensuring minimal time for fabrication.
