Trial Pro Evidence Quiz

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What is the difference between FRE 803(5) and FRE 803(6)?

1 point

803(5) is for Statements Made for Medical Diagnosis or Treatment; 803(6) is for Recorded Recollection

The document in question in 803(5) may be entered as an exhibit only by opposing counsel (the adverse party).

The record in question in 803(6) may be entered as an exhibit only by opposing counsel (the adverse party).

For the document to be entered into evidence, both rules require that the witness must have once known of the contents of the document but have forgotten a portion of the contents at the time of testifying.

None of the above.

Clear selection

What is the difference between a speculative answer and one that is lacking foundation? (And can you articulate the difference to a judge in 10 seconds or less?)

1 point

There is no difference between the two.

One is the proper objection during a Direct Examination, and the other is the proper objection during a Cross Examination.

A speculation objection is never sustained during CX because if the witness does not know the answer they can simply say, “I do not know.”

The proper objection to a speculative answer is FRE 611. The proper objection to an answer lacking foundation is FRE 602.

None of the above.

Clear selection

At a murder trial, the defendant testifies that on the day of the murder the defendant’s wife asked him if it was raining downtown, which was 20 miles away. Opposing counsel objects on the basis that the question calls for hearsay. You are the judge. What is the proper ruling?

1 point

Sustained. This is an out of court statement being offered for the truth of the matter asserted that it was raining downtown.

Overruled. This is hearsay but qualifies as an exception to hearsay pursuant to FRE 803(1).

Overruled. This is hearsay but qualifies as an exception to hearsay pursuant to FRE 803(3).

Overruled. This is not hearsay as it is considered to be an adoptive admission pursuant to FRE 801.

None of the above.

Clear selection

At trial in Pittsburgh, your first question to the witness on DX is, “What is the weather in Tennessee today?” Opposing counsel objects on the basis of lack of foundation. The judge sustains the objection. If you still need and desire the answer to the question, which is the best question to ask next?

1 point

“Let me rephrase: In Tennessee, what is the weather today?”

“How do you know what the weather is in Tennessee today?”

“Do you know what the weather is today in Tennessee?”

“Does anyone really know what ‘dew point’ is?”

None of the above.

Clear selection

At trial, the victim’s wife testifies that her husband’s attacker has been violent previously to the day her husband was attacked. As defense counsel, which of the objection bases and corresponding FRE number gives you the best chance of prevailing?

1 point

Objection. Improper character evidence pursuant to FRE 404.

Objection. Improper character evidence pursuant to FRE 608.

Objection. Improper character evidence pursuant to FRE 609.

B or C will work.

None of the above.

Clear selection

The plaintiff was shot in the parking lot of a bar, and he has brought a negligence action for damages against the bar claiming that the owner of the bar had prior knowledge of the dangerous condition existing in the parking lot because of two prior criminal attacks: a prior shooting occurred in the exact same parking lot three years prior; and a knife attack occurred just three months prior to the plaintiff being attacked, and it involved a wife stabbing her husband in the parking lot of an adjacent strip mall down the street. Defense counsel is objecting to plaintiff-counsel’s attempt to have both of the prior incidents admitted into evidence. You are the ruling judge. Which of the following is the best ruling for you to make?

1 point

Overrule the objection and allow evidence of both of the prior incidents to be admitted.

Sustain the objection, thereby prohibiting admission of both of the prior incidents.

Sustain the objection in part and overrule the objection in part. Sustain the objection regarding the prior shooting, thereby prohibiting its admission into evidence. Overrule the objection regarding the prior knife attack, thereby allowing its admission into evidence.

Overrule the objection in part and sustain the objection in part. Overrule the objection regarding the prior shooting, thereby allowing its admission into evidence, and sustain the objection regarding the prior knife attack, thereby prohibiting its admission into evidence.

None of the above.

Clear selection

While testifying on the stand, an expert is asked on cross examination, “In forming your beliefs in this case, you relied on the fingerprint results, which indicated the accused’s fingerprints were not on the knife?” Is this a proper question?

1 point

Yes.

No.

Clear selection

Who can testify whether the defendant in a murder case committed the murder?

1 point

Any witness who witnesses the murder.

Any expert who has reviewed the needed documents.

Both A & B are correct.

No one.

None of the above.

Clear selection

Which is a proper “Anchor Question” on DX?

1 point

“Take us back and tell us what you know?”

“You understand you are under oath, and thus you will tell the truth?”

“What is your relationship to this case?”

“You saw the defendant kill Mr. Jones on June 14th, right?”

None of the above.

Clear selection

Want to learn more about how Trial Boom can improve your Evidentiary Knowledge and Trial Advocacy Skills?

1 point

Yes! Show me more @ www.trialpro.law

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