IN Bar Evidence 2 — Questions and Answers
Question 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:
- A statement by a party-opponent, which is not hearsay (Correct answer)
- A present sense impression exception to hearsay
- A declaration against interest requiring unavailability
- Inadmissible hearsay with no applicable exception
Correct 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.
Question 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:
- Admissible as habit evidence
- Inadmissible character propensity evidence under Rule 404(b) (Correct answer)
- Admissible because prior crimes are always relevant
- Admissible if the defendant testifies
Correct 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.
Question 3: A plaintiff in a slip-and-fall case offers evidence that the store installed warning signs after her accident. This evidence is generally:
- Admissible to prove negligence
- Admissible to prove the store's culpable state of mind
- Inadmissible to prove negligence as a subsequent remedial measure (Correct answer)
- Admissible only in criminal cases
Correct answer: Inadmissible to prove negligence as a subsequent remedial measure
Rule 407 excludes subsequent remedial measures when offered to prove negligence or culpable conduct.
Question 4: A dying declaration is admissible under the Federal Rules of Evidence in:
- Any criminal case
- Homicide prosecutions and civil cases only (Correct answer)
- Civil cases only
- All cases without limitation
Correct answer: Homicide prosecutions and civil cases only
Under FRE 804(b)(2), dying declarations apply only in homicide prosecutions and civil actions.
Question 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:
- Read into evidence as a recorded recollection (Correct answer)
- Admitted as an exhibit by the proponent
- Excluded entirely because memory failed
- Admitted only as impeachment
Correct 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.
Question 6: In a criminal trial, the defendant offers testimony from his pastor that he has a reputation for honesty. The prosecution may respond by:
- Offering evidence of specific dishonest acts as extrinsic proof
- Cross-examining the pastor about specific instances of the defendant's dishonesty (Correct answer)
- Nothing, because character rebuttal is prohibited
- Calling witnesses only about unrelated character traits
Correct 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).
Question 7: A leading question is generally permitted during:
- Direct examination of any witness
- Cross-examination of a witness (Correct answer)
- Only redirect examination
- No stage of trial testimony
Correct answer: Cross-examination of a witness
Rule 611(c) permits leading questions on cross-examination and with hostile witnesses, but ordinarily not on direct.
IN Bar Evidence 2
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: