IN Bar Evidence 3

Question 1

A 911 call made during a home invasion describing the intruder is offered at trial. The strongest hearsay exception is:

Accepted Answer

Excited utterance

Answer

A statement made under the stress of a startling event qualifies as an excited utterance under FRE 803(2).

Question 2

Under the Confrontation Clause as interpreted in Crawford v. Washington, testimonial hearsay is inadmissible against a criminal defendant unless:

Accepted Answer

The declarant is unavailable and the defendant had a prior opportunity for cross-examination

Answer

Crawford requires unavailability plus a prior opportunity to cross-examine for testimonial statements.

Question 3

A party seeks to impeach a witness with a 15-year-old felony conviction for which the witness finished serving her sentence 12 years ago. The conviction is admissible only if:

Accepted Answer

Its probative value substantially outweighs its prejudicial effect and reasonable notice is given

Answer

Under FRE 609(b), convictions over ten years old require probative value substantially outweighing prejudice plus written notice.

Question 4

During settlement negotiations, a defendant says, 'I know my brakes were bad, but I'll only pay half.' At trial, the plaintiff offers this statement. It is:

Accepted Answer

Inadmissible under Rule 408 as a statement made during compromise negotiations

Answer

Rule 408 excludes both offers to compromise and statements made during compromise negotiations when offered to prove liability.

Question 5

A photocopy of a contract is offered at trial. Under the best evidence rule, the copy is:

Accepted Answer

Admissible as a duplicate unless there is a genuine question about the original's authenticity

Answer

Rule 1003 makes duplicates admissible to the same extent as originals absent a genuine authenticity dispute or unfairness.

(IN Bar) Indiana Bar Exam Practice Test

(IN Bar) Indiana Bar Exam Practice Test

IN Bar Evidence 3