20 Evidence Law Quiz Questions and Answers

Question 1:
In evidence law, what must evidence be to be admissible under Rule 402?
A. Relevant and not unfairly prejudicial
B. Hearsay and corroborated
C. Character evidence of the defendant
D. Expert testimony only

Answer: A
Explanation: Evidence is admissible if it is relevant, meaning it has any tendency to make a fact more or less probable than it would be without the evidence, and its probative value is not substantially outweighed by unfair prejudice, as per Rule 402.

Question 2:
Which of the following is an exception to the hearsay rule under Rule 803?
A. A statement made by a party opponent
B. A statement offered to prove the truth of the matter asserted
C. A statement that is irrelevant to the case
D. A statement made under oath in a prior proceeding

Answer: A
Explanation: A statement by a party opponent is not hearsay under Rule 801(d)(2), as it is an admission by a party, making it admissible without needing an exception.

Question 3:
Under Rule 404, when can evidence of a person’s character be admissible?
A. To prove that the person acted in accordance with the character on a particular occasion
B. In all criminal cases as general background
C. To show motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake
D. Only if the character is excellent

Answer: C
Explanation: Rule 404(b) allows evidence of other crimes, wrongs, or acts to prove motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake, but not to prove character conformity.

Question 4:
What does the best evidence rule, under Rule 1002, require?
A. The original writing, recording, or photograph to prove its content
B. Only secondary evidence in all cases
C. Hearsay evidence to be corroborated
D. Expert testimony to authenticate documents

Answer: A
Explanation: Rule 1002 mandates that to prove the content of a writing, recording, or photograph, the original must be presented, unless an exception applies, ensuring accuracy and reliability.

Question 5:
Under Rule 601, who is generally competent to testify as a witness?
A. Every person, regardless of mental capacity, unless otherwise specified
B. Only adults over 18 years old
C. Only experts in the field
D. Witnesses who have no prior convictions

Answer: A
Explanation: Rule 601 presumes that every person is competent to be a witness except as otherwise provided, meaning mental capacity or other factors may be challenged but do not automatically disqualify.

Question 6:
What is required for evidence to be authenticated under Rule 901?
A. Evidence sufficient to support a finding that the item is what the proponent claims
B. A sworn affidavit from an expert
C. The item must be over 20 years old
D. It must be hearsay-free

Answer: A
Explanation: Rule 901 requires that the proponent produce evidence sufficient to support a finding that the item is what it is claimed to be, such as through testimony or other means.

Question 7:
In a criminal case, when can prior inconsistent statements be used under Rule 613?
A. To impeach the credibility of a witness
B. Only as substantive evidence if the statement was under oath
C. To prove the truth of the matter asserted
D. Never, as they are always hearsay

Answer: A
Explanation: Rule 613 allows prior inconsistent statements to be used for impeachment purposes, meaning to attack the witness’s credibility, though they may also be substantive in certain cases.

Question 8:
Under Rule 702, what must an expert witness’s testimony be based on?
A. Sufficient facts or data and reliable principles and methods
B. Only personal observations
C. Hearsay evidence
D. Irrelevant information

Answer: A
Explanation: Rule 702 requires that expert testimony be based on sufficient facts or data and be the product of reliable principles and methods applied reliably to the facts of the case.

Question 9:
What is the spousal privilege under Rule 501?
A. A spouse cannot be compelled to testify against the other in a criminal case
B. Spouses must always testify together
C. It applies only in civil cases
D. It allows hearsay between spouses

Answer: A
Explanation: The spousal privilege, often recognized under common law and Rule 501, protects confidential communications between spouses and may prevent one spouse from testifying against the other in criminal cases.

Question 10:
Under Rule 403, when can relevant evidence be excluded?
A. If its probative value is substantially outweighed by the danger of unfair prejudice
B. If it is always hearsay
C. Only in civil cases
D. If it is authenticated

Answer: A
Explanation: Rule 403 allows courts to exclude relevant evidence if its probative value is substantially outweighed by the risk of unfair prejudice, confusion, or waste of time.

Question 11:
What does Rule 801 define as hearsay?
A. A statement that the declarant does not make while testifying at the current trial and is offered to prove the truth of the matter asserted
B. Any out-of-court statement
C. Only written statements
D. Statements made under oath

Answer: A
Explanation: Hearsay is defined in Rule 801 as an out-of-court statement offered in evidence to prove the truth of the matter asserted, making it generally inadmissible unless an exception applies.

Question 12:
Under Rule 408, when is evidence of settlement negotiations inadmissible?
A. When offered to prove liability or the validity of a claim
B. In all civil cases
C. Only if the settlement was successful
D. To impeach a witness

Answer: A
Explanation: Rule 408 excludes evidence of offers to settle or statements made during negotiations when used to prove liability, but it may be admissible for other purposes like impeachment.

Question 13:
In evidence law, what is required for a dying declaration to be admissible under Rule 804?
A. The statement must be made by a declarant who believed death was imminent and concerns the cause or circumstances of death
B. It must be sworn
C. It applies only in civil cases
D. The declarant must survive

Answer: A
Explanation: Rule 804(b)(2) allows dying declarations as an exception to hearsay if the declarant believed death was imminent and the statement pertains to the cause or circumstances of what they believed to be impending death.

Question 14:
Under Rule 609, when can a witness’s prior conviction be used for impeachment?
A. If the conviction is for a crime punishable by death or imprisonment for more than one year, or involves dishonesty
B. Only if the witness is the defendant
C. In all cases without limitation
D. Only for expert witnesses

Answer: A
Explanation: Rule 609 permits evidence of a witness’s prior conviction for impeachment if it involved a dishonest act or felony, subject to balancing under Rule 403.

Question 15:
What is the business records exception under Rule 803?
A. Records of a regularly conducted business activity are admissible if made at or near the time by someone with knowledge
B. Only financial records are covered
C. It requires the record-keeper to testify
D. It applies only to hearsay

Answer: A
Explanation: Rule 803(6) allows business records to be admitted as an exception to hearsay if they were made at or near the time by someone with knowledge, as part of a regular practice.

Question 16:
Under Rule 104, who determines preliminary questions of admissibility?
A. The court
B. The jury
C. The witnesses
D. The parties

Answer: A
Explanation: Rule 104 states that the court decides preliminary questions concerning the admissibility of evidence, such as authenticity or qualifications, before it goes to the jury.

Question 17:
When can excited utterances be admitted under Rule 803?
A. Statements relating to a startling event or condition made while the declarant was under the stress of excitement
B. Only if the declarant testifies
C. In written form only
D. If they are not hearsay

Answer: A
Explanation: Rule 803(2) exempts excited utterances from the hearsay rule because the stress of the event ensures reliability, making them admissible.

Question 18:
Under Rule 502, what does the attorney-client privilege protect?
A. Confidential communications between attorney and client for the purpose of obtaining legal advice
B. All conversations with lawyers
C. Only written communications
D. Communications in open court

Answer: A
Explanation: Rule 502 safeguards confidential communications made for the purpose of legal advice, encouraging full disclosure without fear of disclosure.

Question 19:
What is the standard for admitting lay witness opinion testimony under Rule 701?
A. It must be rationally based on the witness’s perception and helpful to understanding testimony
B. Only if the witness is an expert
C. It must be based on scientific knowledge
D. It applies only in criminal cases

Answer: A
Explanation: Rule 701 allows lay witnesses to offer opinions that are rationally based on their perception and helpful to the determination of a fact in issue.

Question 20:
Under Rule 807, when can residual hearsay be admitted?
A. If it has equivalent circumstantial guarantees of trustworthiness and serves the interests of justice
B. Only if it is not covered by other exceptions
C. In all cases without notice
D. If it is from an expert

Answer: A
Explanation: Rule 807 permits the admission of hearsay not specifically covered by other exceptions if it has sufficient guarantees of trustworthiness and the court determines it serves the interests of justice.