Multistate Bar Exam Evidence 4

Question 1

A murder victim's statement to a 911 operator saying 'My husband is trying to kill me!' is sought to be admitted after the victim dies. Under Crawford v. Washington, this statement is:

Accepted Answer

Non-testimonial and admissible because it was made under emergency circumstances

Answer

Under Davis v. Washington, statements made to enable police to respond to an ongoing emergency are non-testimonial and not barred by the Confrontation Clause.

Question 2

A defendant charged with sexual assault seeks to introduce evidence of the victim's prior sexual conduct. Under FRE 412 (Rape Shield), this evidence is:

Accepted Answer

Generally inadmissible, with narrow exceptions

Answer

FRE 412 (the rape shield law) generally bars evidence of a victim's other sexual behavior or predisposition, with narrow exceptions.

Question 3

A police officer testifies that he arrested defendant based on information from a reliable informant. The defendant seeks to compel disclosure of the informant's identity. The government invokes the informer's privilege. The court will:

Accepted Answer

Balance the public interest in protecting informants against the defendant's need for disclosure

Answer

Courts balance the government's interest in protecting informant identities against the defendant's need to prepare a defense, sometimes allowing in camera review.

Question 4

Which of the following is NOT an element required for the dying declaration exception under FRE 804(b)(2)?

Accepted Answer

The declarant must have actually died before trial

Answer

FRE 804(b)(2) does not require actual death; the declarant need only have believed death was imminent, but must be unavailable (which can include incompetency or other reasons).

Question 5

During trial, a party attempts to impeach their own witness after the witness gives damaging testimony. Under FRE 607:

Accepted Answer

A party may impeach any witness, including their own

Answer

FRE 607 abolished the common law voucher rule and permits any party, including the calling party, to impeach any witness.

Multistate Bar Exam Practice Test

Multistate Bar Exam Practice Test

Multistate Bar Exam Evidence 4