DE Bar Evidence 3

Question 1

A murder defendant in Delaware calls a witness to testify to his reputation for peacefulness. On cross-examination, the prosecutor may ask:

Accepted Answer

'Have you heard' or 'did you know' questions about specific violent acts by the defendant, in good faith

Answer

Once a character witness testifies, the cross-examiner may inquire in good faith into relevant specific instances of the defendant's conduct, though extrinsic proof is not allowed.

Question 2

A plaintiff in a Delaware slip-and-fall case offers evidence that the store installed warning signs the day after her fall. The evidence is offered to prove negligence. It is:

Accepted Answer

Inadmissible as a subsequent remedial measure

Answer

D.R.E. 407 bars evidence of subsequent remedial measures to prove negligence, though it may be admitted for other purposes like ownership, control, or feasibility if disputed.

Question 3

In a Delaware contract dispute, a party seeks to prove the contents of a written agreement through a witness's testimony, without producing the document or explaining its absence. Under the best evidence rule:

Accepted Answer

The testimony is inadmissible because the original or an excuse for nonproduction is required

Answer

When proving the contents of a writing, D.R.E. 1002 requires the original (or a duplicate) unless its absence is satisfactorily explained under Rule 1004.

Question 4

A criminal defendant in Delaware wants to testify that his co-defendant, now deceased, told a friend, 'I did the robbery alone; my buddy wasn't there.' The statement is best analyzed as:

Accepted Answer

A statement against penal interest by an unavailable declarant, admissible if corroborating circumstances indicate trustworthiness

Answer

Under D.R.E. 804(b)(3), a statement exposing the declarant to criminal liability offered to exculpate the accused requires unavailability plus corroborating circumstances of trustworthiness.

Question 5

A Delaware jury has returned a verdict, and a juror later offers testimony that jurors misunderstood the judge's instructions during deliberations. Under D.R.E. 606(b), this testimony is:

Accepted Answer

Inadmissible, because jurors may not testify about statements or mental processes during deliberations

Answer

Rule 606(b) bars juror testimony about deliberations and mental processes, with narrow exceptions for extraneous prejudicial information, outside influence, or a clerical verdict error.

(DE Bar) Delaware Bar Exam Practice Test

(DE Bar) Delaware Bar Exam Practice Test

DE Bar Evidence 3