MI Bar Evidence 2 — Questions and Answers
Question 1: Under MRE 404(b), evidence of a defendant's prior bad acts is admissible for which purpose?
- To prove motive, intent, or absence of mistake (Correct answer)
- To show the defendant has a criminal character
- To prove the defendant acted in conformity with past behavior
- To establish the defendant's general propensity for crime
Correct answer: To prove motive, intent, or absence of mistake
MRE 404(b) bars propensity use but permits other-acts evidence for non-character purposes such as motive, intent, scheme, or absence of mistake.
Question 2: A witness testifies that she heard the victim scream 'He has a gun!' moments before shots were fired. This statement is most likely admissible as:
- An excited utterance under MRE 803(2) (Correct answer)
- A dying declaration only
- Inadmissible hearsay with no exception
- A prior consistent statement
Correct answer: An excited utterance under MRE 803(2)
A statement relating to a startling event made while under the stress of excitement qualifies as an excited utterance under MRE 803(2).
Question 3: Under MRE 609, a witness's prior conviction for embezzlement (a crime containing an element of dishonesty) may be used to impeach:
- Automatically, without balancing, if within the time limit (Correct answer)
- Only if the judge finds probative value outweighs prejudice
- Only against non-party witnesses
- Never, because it is propensity evidence
Correct answer: Automatically, without balancing, if within the time limit
Crimes containing an element of dishonesty or false statement are admissible for impeachment without discretionary balancing, subject to the time limit.
Question 4: During settlement negotiations, a defendant says, 'I'll pay you $50,000, and honestly, my brakes were bad.' At trial, the plaintiff may introduce:
- Neither the offer nor the statement about the brakes (Correct answer)
- Only the settlement offer
- Only the statement about the brakes
- Both the offer and the statement
Correct answer: Neither the offer nor the statement about the brakes
MRE 408 excludes both settlement offers and statements made during compromise negotiations when offered to prove liability.
Question 5: A defendant in a criminal assault case offers testimony that he has a reputation for peacefulness. The prosecution may respond by:
- Cross-examining the character witness about specific acts and calling its own reputation witnesses (Correct answer)
- Introducing the defendant's prior arrests as substantive evidence
- Nothing, because character evidence is always inadmissible
- Calling witnesses only after the defendant testifies
Correct answer: Cross-examining the character witness about specific acts and calling its own reputation witnesses
Once the defendant opens the door with good-character evidence, the prosecution may rebut with its own character evidence and probe specific instances on cross-examination.
Question 6: A business record is admissible under MRE 803(6) only if:
- It was made at or near the time by someone with knowledge, in the regular course of business (Correct answer)
- It was prepared specifically for litigation
- The original author testifies in person
- It was notarized when created
Correct answer: It was made at or near the time by someone with knowledge, in the regular course of business
The business-records exception requires contemporaneous creation by a person with knowledge as part of a regularly conducted activity, shown by a custodian or certification.
Question 7: Under MRE 407, evidence that a store installed handrails after a customer's fall is admissible to prove:
- Ownership or control, if disputed (Correct answer)
- Negligence at the time of the fall
- Culpable conduct generally
- That the stairs were defective
Correct answer: Ownership or control, if disputed
Subsequent remedial measures are inadmissible to prove negligence but may be admitted for other purposes such as disputed ownership, control, or feasibility.
MI Bar Evidence 2
Under MRE 404(b), evidence of a defendant's prior bad acts is admissible for which purpose?