KS Bar Evidence 2

Question 1

Under FRE 407, evidence of subsequent remedial measures is inadmissible to prove which of the following?

Accepted Answer

Negligence or culpable conduct

Answer

Ownership of the property

Answer

Feasibility of precautionary measures when disputed

Answer

Control over the instrumentality of harm

Question 2

For the dying declaration exception (FRE 804(b)(2)) to apply, which element is required?

Accepted Answer

The declarant must have believed death was imminent, and the statement must concern the cause or circumstances of the death

Answer

The declarant must have died before trial

Answer

A medical professional must corroborate the statement

Answer

The statement must have been made to law enforcement

Question 3

Under FRE 201, judicial notice is appropriate for adjudicative facts that are:

Accepted Answer

Not subject to reasonable dispute and generally known or accurately verifiable

Answer

Undisputed by the parties at trial

Answer

Contained in government publications

Answer

Agreed upon by expert witnesses

Question 4

Under FRE 608(a), which method is permitted to attack a witness's character for truthfulness?

Accepted Answer

Opinion or reputation evidence of the witness's untruthfulness

Answer

Extrinsic evidence of specific untruthful acts

Answer

Prior criminal convictions only

Answer

Polygraph examination results

Question 5

Under Crawford v. Washington, testimonial hearsay is inadmissible under the Confrontation Clause unless:

Accepted Answer

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

Answer

The statement bears sufficient indicia of reliability

Answer

The statement was made under oath

Answer

The court finds admission is necessary for justice

Question 6

Under FRE 803(6), the business records exception requires that the record be:

Accepted Answer

Created near the time of the event by someone with knowledge and kept in the regular course of business

Answer

Notarized and certified by the business's legal department

Answer

Created specifically for use in litigation

Answer

Signed by a government official

Question 7

Under FRE 407, which use of subsequent remedial measures evidence is expressly permitted?

Accepted Answer

To prove feasibility of precautionary measures when the defendant has contested feasibility

Answer

To prove the defendant was negligent

Answer

To prove the product was defective

Answer

To prove the defendant had prior knowledge of the risk