MI Bar Evidence 2

Question 1

Under MRE 404(b), evidence of a defendant's prior bad acts is admissible for which purpose?

Accepted Answer

To prove motive, intent, or absence of mistake

Answer

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:

Accepted Answer

An excited utterance under MRE 803(2)

Answer

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:

Accepted Answer

Automatically, without balancing, if within the time limit

Answer

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:

Accepted Answer

Neither the offer nor the statement about the brakes

Answer

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:

Accepted Answer

Cross-examining the character witness about specific acts and calling its own reputation witnesses

Answer

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.

(MI Bar) Michigan Bar Exam Practice Test

(MI Bar) Michigan Bar Exam Practice Test

MI Bar Evidence 2