DE Bar Evidence 2

Question 1

Under the Delaware Rules of Evidence, a plaintiff offers a bystander's out-of-court statement, 'That truck just ran the red light!' made seconds after a crash. The statement is most likely admissible as:

Accepted Answer

A present sense impression or excited utterance

Answer

A spontaneous statement describing an event made immediately after perceiving it qualifies as a present sense impression or excited utterance under D.R.E. 803(1) and 803(2).

Question 2

In a Delaware civil trial, a party seeks to impeach a witness with a felony conviction that is 12 years old, measured from release. The conviction is admissible only if:

Accepted Answer

Its probative value substantially outweighs its prejudicial effect and reasonable written notice is given

Answer

Under D.R.E. 609(b), convictions more than 10 years old require that probative value substantially outweigh prejudice plus reasonable written notice to the adverse party.

Question 3

A defendant in a Delaware assault prosecution offers evidence of the victim's violent character to show the victim was the first aggressor. This evidence is:

Accepted Answer

Admissible as pertinent character evidence of the victim offered by the accused

Answer

Under D.R.E. 404(a)(2), an accused may offer evidence of a pertinent character trait of the alleged victim, such as violence, to support a first-aggressor theory.

Question 4

During settlement negotiations over a disputed claim, a defendant says, 'I'll pay you $50,000, and honestly the brakes were bad.' At trial, the plaintiff offers the brake admission. Under D.R.E. 408, the statement is:

Accepted Answer

Inadmissible because statements made in compromise negotiations are excluded to prove liability

Answer

D.R.E. 408 excludes both compromise offers and statements made during compromise negotiations when offered to prove liability or the amount of a disputed claim.

Question 5

A Delaware prosecutor offers a properly authenticated certificate of no record from the DMV to show the defendant was never issued a driver's license. This evidence is:

Accepted Answer

Admissible under the hearsay exception for absence of a public record

Answer

D.R.E. 803(10) allows a certification that a diligent search failed to disclose a public record to prove the record's absence or the nonoccurrence of a matter.

(DE Bar) Delaware Bar Exam Practice Test

(DE Bar) Delaware Bar Exam Practice Test

DE Bar Evidence 2