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

FRE 601 establishes general competency but requires courts to apply state competency rules when state substantive law supplies the rule of decision in diversity cases.

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

FRE 407 allows subsequent remedial measure evidence when offered to prove ownership or control — not to prove negligence, defect, or culpable conduct.

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

FRE 106 allows the adverse party to immediately introduce any other part of a writing or recording that fairness requires be considered together with the portion already introduced.

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

FRE 411 bars insurance evidence when offered to prove that a person acted negligently or wrongfully, but allows it on issues of agency, ownership, control, or witness bias.

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

FRE 201(f) provides that in a civil case, the court instructs the jury to accept the noticed fact as conclusive, while in a criminal case the jury may, but is not required to, accept the noticed fact.

ID Bar - Idaho Bar Exam Practice Test

ID Bar - Idaho Bar Exam Practice Test

ID Bar Evidence 3