LA Bar Evidence 4

Question 1

Under Louisiana law, a witness may be impeached with a prior criminal conviction when the crime:

Accepted Answer

Involved dishonesty or false statement, regardless of the grade of the offense

Answer

Louisiana Code of Evidence Article 609 allows impeachment with prior convictions for crimes of dishonesty or false statement (crimen falsi) without requiring additional balancing.

Question 2

Under Louisiana Code of Evidence Article 202, judicial notice of an adjudicative fact is mandatory when:

Accepted Answer

A party requests judicial notice and supplies the court with the necessary information

Answer

Article 202 requires the court to take judicial notice when a party timely requests it and furnishes the necessary supporting information.

Question 3

In Louisiana civil proceedings, a plaintiff must typically establish their claims by:

Accepted Answer

A preponderance of the evidence

Answer

The default burden of proof in Louisiana civil cases is a preponderance of the evidence—more likely true than not true.

Question 4

Under Louisiana law, a witness is presumed competent to testify unless the court finds the witness:

Accepted Answer

Lacks personal knowledge of the matter or lacks the ability to communicate their testimony

Answer

LCE Article 601 establishes a general presumption of competency; disqualification requires a finding that the witness lacks personal knowledge or the capacity to communicate.

Question 5

Under the Louisiana Code of Evidence, a witness's prior inconsistent statement may be used to:

Accepted Answer

Impeach the witness's credibility; it is substantive evidence only if it independently qualifies as non-hearsay

Answer

Prior inconsistent statements are primarily tools of impeachment; they constitute substantive evidence only when they independently qualify as non-hearsay under Article 801(D)(1).

(LA Bar) Louisiana Bar Exam Practice Test

(LA Bar) Louisiana Bar Exam Practice Test

LA Bar Evidence 4