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Evidence Flashcards

7 cards from real IN BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.

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  1. A witness testifies that she heard the defendant say, 'I ran the red light.' Under the Federal Rules of Evidence, this statement is admissible as:

    Answer: A statement by a party-opponent, which is not hearsay

    Under FRE 801(d)(2), a party's own statement offered against that party is excluded from the definition of hearsay.

  2. During a robbery trial, the prosecution seeks to introduce evidence that the defendant committed a similar robbery two years earlier to prove he acted in accordance with his character. This evidence is:

    Answer: Inadmissible character propensity evidence under Rule 404(b)

    Rule 404(b) bars evidence of other crimes offered solely to prove character and action in conformity therewith.

  3. A plaintiff in a slip-and-fall case offers evidence that the store installed warning signs after her accident. This evidence is generally:

    Answer: Inadmissible to prove negligence as a subsequent remedial measure

    Rule 407 excludes subsequent remedial measures when offered to prove negligence or culpable conduct.

  4. A dying declaration is admissible under the Federal Rules of Evidence in:

    Answer: Homicide prosecutions and civil cases only

    Under FRE 804(b)(2), dying declarations apply only in homicide prosecutions and civil actions.

  5. A witness cannot remember details of an accident report she wrote. Counsel shows her the report, and she still cannot recall the events. The report may be:

    Answer: Read into evidence as a recorded recollection

    Under FRE 803(5), a recorded recollection may be read into evidence but received as an exhibit only if offered by the adverse party.

  6. In a criminal trial, the defendant offers testimony from his pastor that he has a reputation for honesty. The prosecution may respond by:

    Answer: Cross-examining the pastor about specific instances of the defendant's dishonesty

    Once the defendant opens the door with character evidence, the prosecution may inquire into specific instances on cross-examination under Rule 405(a).

  7. A leading question is generally permitted during:

    Answer: Cross-examination of a witness

    Rule 611(c) permits leading questions on cross-examination and with hostile witnesses, but ordinarily not on direct.