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

FRE 407 bars subsequent remedial measures evidence to prove negligence, culpable conduct, a defect in a product, or a failure to warn, encouraging defendants to make safety improvements.

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

A dying declaration requires that the declarant believed death was imminent at the time of the statement and that the statement concerns the cause or circumstances of that impending death.

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

FRE 201 authorizes judicial notice of adjudicative facts that are not subject to reasonable dispute because they are generally known or can be accurately determined from reliable sources.

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

FRE 608(a) allows opinion or reputation evidence regarding a witness's character for untruthfulness; FRE 608(b) bars extrinsic evidence of specific instances of conduct to prove untruthfulness.

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

Crawford v. Washington held that the Confrontation Clause bars admission of testimonial hearsay unless the declarant is unavailable and the defendant had a prior opportunity to cross-examine.

(KS Bar) Kansas Bar Exam Practice Test

(KS Bar) Kansas Bar Exam Practice Test

KS Bar Evidence 2