MN Bar Evidence and Trial Practice 2

Question 1

Under the Minnesota Rules of Evidence, a lay witness opinion is admissible if it is:

Accepted Answer

Rationally based on the witness's perception, helpful to the fact-finder, and not based on scientific expertise

Answer

Under Minn. R. Evid. 701, lay opinion must be rationally based on perception, helpful to understanding testimony or a fact in issue, and not require specialized knowledge.

Question 2

Under Minnesota Rule of Evidence 404(b), evidence of prior bad acts may be admitted to prove:

Accepted Answer

Motive, opportunity, intent, plan, knowledge, identity, or absence of mistake

Answer

Minn. R. Evid. 404(b) prohibits prior acts evidence to prove character or propensity but allows it for enumerated non-character purposes such as motive, intent, or identity.

Question 3

In a Minnesota civil case, the burden of proof for most claims is:

Accepted Answer

Preponderance of the evidence

Answer

The standard civil burden of proof in Minnesota is preponderance of the evidence — more likely than not — meaning greater than 50% probability.

Question 4

Under Minnesota Rule of Evidence 702, expert testimony is admissible when:

Accepted Answer

The testimony is based on sufficient facts, reliable methods, and the methods were reliably applied

Answer

Minnesota follows a Daubert-like reliability standard under Rule 702, requiring that expert testimony rest on sufficient facts, reliable methods, and reliable application of those methods.

Question 5

Under Minnesota law, which privilege protects communications between spouses made during the marriage from compelled disclosure?

Accepted Answer

Marital confidential communications privilege

Answer

Minnesota recognizes the marital confidential communications privilege, which protects private communications between spouses made during the marriage from compelled disclosure.

MN Bar - Minnesota Bar Exam Practice Test

MN Bar - Minnesota Bar Exam Practice Test

MN Bar Evidence and Trial Practice 2