NY Bar Exam Evidence Questions and Answers

NY Bar Exam Evidence Questions and Answers 2024

14. Best Evidence Rule: Evidence is being offered to prove contents of a writing. Originals and duplicates ok. Testimony ok only if original was lost or destroyed, unless bad faith by proponent of testimony. NY: DUPLICATES OK IF MADE IN REG COURSE OF BUSINESS. 15. Opinion testimony - Competency: Must have personal knowledge and take oath to tell the truth. NY: CHILDREN OK IF UNDERSTAND MUST TELL TRUTH. Civ - all W's must take oath. Crim - if < 9 years & don't understand oath, can still testify (reqs corroboration). 16. Lay Opinion: Admissible if based on W's perceptions and helpful to trier of fact. OK to show speed of auto, sanity, intoxication, emotions, value of W's property. No legal or scientific opinions requiring specialized knowledge. 17. Expert Opinion: Hot Quiznos for Cold Penguins: reqs - Helpful to the jury; Qualified; supported by proper Factual basis; reasonable degree of Certainty; based on reliable Principles that were reliably applied. Fed/Daubert standard: peer reviewed and published scientific journals; tested and subject to retesting; low error rate; reasonable level of acceptance. NY: FRYE TEST - SCIENTIFIC METHOD UNDERLYING OPINION MUST BE SUFF ESTABLISHED TO GAIN GEN ACCEPTANCE IN FIELD. 18. Judicial Notice: Generally known in jx OR capable of accurate and ready de- termination by resort to sources whose accuracy cannot reasonably be questioned. Civil - judicial notice is conclusive. Crim - jury may but doesn't need to accept. 19. Burdens of proof: Crim - beyond a reasonable doubt. Civ - preponderance of the evidence. Presumptions: shifts burden to party against whom presumption is asserted. 20. Hearsay: Out of court statement offered to prove the truth of the matter asserted in the statement. Usually inadmissible. 21. Hearsay Exemptions - Admissible b/c not Hearsay: Facts of independent legal significance. Effect on hearer - knowledge or notice. Speaker's knowledge of facts. Circumstantial evid of state of mind. Admission by party opponent - not subject to personal knowledge req or the opinion rule. NY: EXCEPTION TO HEARSAY, NOT EXEMPTION. Vicarious party admission - employee - if authorized spokesperson or w/in scope of employment and during employment relationship. Auth can be express or implied.