ID Bar Evidence 3

Question 1

Under FRE 601, every person is presumed competent to testify EXCEPT when:

Accepted Answer

State law supplies the rule of decision and state law provides otherwise

Answer

They are a party to the lawsuit

Answer

They were a child at the time of the event

Answer

They have a prior criminal conviction

Question 2

Under FRE 407's subsequent remedial measures rule, which of the following would be ADMISSIBLE?

Accepted Answer

Evidence of a subsequent safety policy to prove the defendant controlled the premises

Answer

Evidence of a product redesign to prove the original design was defective

Answer

Evidence of a post-accident repair to prove negligence

Answer

Evidence of a recall to prove fault

Question 3

Under FRE 106, the rule of completeness allows a party to require introduction of:

Accepted Answer

Any other part of a writing or recorded statement that fairness requires be considered at the same time

Answer

The entire deposition transcript whenever any portion is offered

Answer

Extrinsic evidence to contradict any writing offered in evidence

Answer

A document that contradicts a document already in evidence

Question 4

Under FRE 411, evidence that a person was or was not insured against liability is inadmissible to prove:

Accepted Answer

Negligent or wrongful conduct

Answer

Agency or ownership

Answer

Bias of a witness

Answer

Control of the premises

Question 5

Which of the following statements about judicial notice under FRE 201 is correct?

Accepted Answer

In a civil case, the jury must accept a judicially noticed adjudicative fact as conclusive

Answer

In a criminal case, the jury is required to accept judicially noticed facts as conclusive

Answer

Courts may take judicial notice of any fact the judge personally knows

Answer

A party may not request judicial notice — the court must act on its own

Question 6

Under FRE 803(6), a business record is admissible as a hearsay exception if it was:

Accepted Answer

Made at or near the time by someone with knowledge, in the regular course of a regularly conducted activity

Answer

Made by any employee of the business regardless of personal knowledge

Answer

Authenticated by the CEO of the organization

Answer

Subpoenaed by the court