KY Bar Evidence 2

Question 1

During a personal injury trial, plaintiff offers evidence that the defendant store installed new handrails on its staircase two weeks after plaintiff's fall. Defendant claims the staircase was perfectly safe. The evidence of the new handrails is:

Accepted Answer

Admissible to impeach defendant's claim that no safer design was feasible, if defendant controverts feasibility

Answer

Subsequent remedial measures are inadmissible to prove negligence or defect, but may be admitted for other purposes such as feasibility of precautionary measures if controverted.

Question 2

A witness in a Kentucky criminal trial testifies for the defense. On cross-examination, the prosecutor asks about the witness's 12-year-old felony conviction for theft; the witness was released from confinement 11 years ago. This conviction is:

Accepted Answer

Admissible only if its probative value substantially outweighs its prejudicial effect and the proponent gave advance written notice

Answer

Convictions more than 10 years old (measured from conviction or release, whichever is later) are admissible only if probative value substantially outweighs prejudice and advance notice is given.

Question 3

In a prosecution for assault, the defendant offers testimony that the alleged victim has a reputation in the community for violence, to show the victim was the first aggressor. This evidence is:

Accepted Answer

Admissible because a criminal defendant may offer a pertinent character trait of the victim

Answer

A criminal defendant may introduce reputation or opinion evidence of a pertinent character trait of the victim, such as violence, to support a first-aggressor theory.

Question 4

A plaintiff in a car accident case offers a properly authenticated hospital record containing the notation: 'Patient states the other driver ran the red light.' The statement about the red light is:

Accepted Answer

Inadmissible hearsay because fault attribution is not pertinent to diagnosis or treatment

Answer

Statements of fault, such as who ran a red light, are generally not pertinent to diagnosis or treatment and remain inadmissible hearsay even inside a business record.

Question 5

During settlement negotiations over a disputed contract claim, the defendant said, 'I know I owe you something; let's settle for half.' At trial, plaintiff offers this statement. It is:

Accepted Answer

Inadmissible because statements made in compromise negotiations of a disputed claim are excluded to prove liability

Answer

Both offers to compromise and statements made during compromise negotiations of a disputed claim are inadmissible to prove liability or the amount of the claim.

(KY Bar) Kentucky Bar Exam Practice Test

(KY Bar) Kentucky Bar Exam Practice Test

KY Bar Evidence 2