OH Bar Evidence 2

Question 1

A defendant is on trial for assault. The prosecution calls a witness to testify that the defendant has a reputation in the community for violence. The defendant has not yet presented any character evidence. Is the testimony admissible?

Accepted Answer

No, because the prosecution may not offer character evidence about the defendant until the defendant opens the door

Answer

Under Rule 404(a), the prosecution cannot introduce evidence of a defendant's bad character until the defendant first puts character in issue.

Question 2

After a customer slips on a wet floor in a grocery store, the store installs non-slip mats. In the customer's negligence suit, the customer offers evidence of the mat installation to prove the store was negligent. Is the evidence admissible for that purpose?

Accepted Answer

No, because subsequent remedial measures are inadmissible to prove negligence

Answer

Rule 407 bars evidence of subsequent remedial measures when offered to prove negligence or culpable conduct.

Question 3

A declarant, believing she was about to die from a gunshot wound, told a paramedic, 'John shot me.' She survived and is unavailable at John's attempted murder trial. Is her statement admissible as a dying declaration?

Accepted Answer

No, because dying declarations in criminal cases apply only to homicide prosecutions

Answer

In criminal cases the dying declaration exception under Rule 804(b)(2) applies only in homicide prosecutions, not attempted murder.

Question 4

A plaintiff offers a properly authenticated photocopy of a signed contract. The defendant objects, demanding the original under the best evidence rule. No genuine question exists about the original's authenticity. Should the copy be admitted?

Accepted Answer

Yes, because a duplicate is admissible to the same extent as the original absent a genuine authenticity question

Answer

Rule 1003 makes duplicates admissible to the same extent as originals unless there is a genuine question about the original's authenticity or admitting the duplicate would be unfair.

Question 5

During settlement negotiations in a contract dispute, the defendant said, 'I know I owe you something, but I'll pay only half.' At trial, the plaintiff offers this statement to prove liability. Is it admissible?

Accepted Answer

No, because statements made during compromise negotiations are inadmissible to prove liability

Answer

Rule 408 excludes both compromise offers and statements made during compromise negotiations when offered to prove the validity or amount of a disputed claim.

(OH Bar) Ohio Bar Exam Practice Test

(OH Bar) Ohio Bar Exam Practice Test

OH Bar Evidence 2