IN Bar Evidence 2

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:

Accepted Answer

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

Answer

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:

Accepted Answer

Inadmissible character propensity evidence under Rule 404(b)

Answer

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:

Accepted Answer

Inadmissible to prove negligence as a subsequent remedial measure

Answer

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:

Accepted Answer

Homicide prosecutions and civil cases only

Answer

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:

Accepted Answer

Read into evidence as a recorded recollection

Answer

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

(IN Bar) Indiana Bar Exam Practice Test

(IN Bar) Indiana Bar Exam Practice Test

IN Bar Evidence 2