CAS Bar Evidence 2

Question 1

A witness testifies that she heard the defendant shout 'I'm going to kill you!' moments before the shooting. The defendant objects that this is hearsay. The court should rule:

Accepted Answer

Overruled, because verbal acts are not hearsay when offered for their operative legal effect or to show effect on the listener

Answer

A threat offered to show intent or effect on the listener is not hearsay because it is not offered to prove the truth of the matter asserted.

Question 2

Under California Evidence Code § 1101, which of the following is the MOST accurate statement regarding character evidence in a civil case?

Accepted Answer

Evidence of a person's character is generally inadmissible to prove conduct, but may be admitted when character is directly in issue

Answer

Under CEC § 1101, character evidence to prove conduct is generally excluded, but is admissible when character or a character trait is itself directly in issue.

Question 3

A party seeks to introduce a certified copy of a public record to prove its contents. The opposing party objects on authentication grounds. The court should rule:

Accepted Answer

Overruled, because certified copies of public records are self-authenticating under California law

Answer

Certified copies of official public records are self-authenticating under CEC § 1530 and need no extrinsic authentication evidence.

Question 4

During cross-examination, opposing counsel asks a witness about a prior felony conviction for insurance fraud committed eight years ago. The witness is not the defendant. The court should:

Accepted Answer

Admit the conviction as relevant to the witness's credibility, subject to a discretionary balancing test

Answer

Under CEC § 788, prior felony convictions may be used to attack credibility, subject to the court's discretion to exclude under CEC § 352 if prejudice outweighs probative value.

Question 5

A plaintiff in a personal injury case offers evidence that the defendant repaired a defective staircase railing after the plaintiff's fall. The defendant objects. The court should:

Accepted Answer

Exclude the evidence under the subsequent remedial measures rule as proof of negligence or culpable conduct

Answer

Evidence of subsequent remedial measures is inadmissible to prove negligence or culpable conduct under CEC § 1151, to encourage safety improvements.

(CAS Bar) California State Bar Exam Practice Test

(CAS Bar) California State Bar Exam Practice Test

CAS Bar Evidence 2