OH Bar Evidence 3

Question 1

A witness with no memory of an accident reviews notes she made the day it happened. After reviewing them, her memory is refreshed and she testifies from present recollection. May the party who called her introduce the notes into evidence?

Accepted Answer

No, because a writing used to refresh recollection is not admissible by the offering party

Answer

When a writing merely refreshes recollection, only the adverse party may inspect it and introduce relevant portions; the offering party testifies from refreshed memory, not the document.

Question 2

In a murder trial, the defendant offers evidence of the victim's violent character to support a self-defense claim. The prosecution then offers evidence of the defendant's violent character. Is the prosecution's evidence admissible?

Accepted Answer

Yes, because the defendant attacked the victim's character for the same trait

Answer

Under Rule 404(a)(2)(B)(ii), when a defendant offers evidence of the victim's character trait, the prosecution may offer evidence of the defendant's same trait.

Question 3

A hospital record states: 'Patient reports severe back pain beginning after lifting boxes at work; patient also states his employer refused to provide a lifting belt.' Which portion is most likely inadmissible under the medical treatment hearsay exception?

Accepted Answer

The statement blaming the employer for refusing a lifting belt

Answer

Rule 803(4) covers statements about symptoms and their general cause made for treatment, but statements assigning fault are typically not pertinent to diagnosis or treatment.

Question 4

A party calls an expert to testify that a bridge design was defective. The expert relied partly on inadmissible engineering reports prepared by others. May the expert give her opinion?

Accepted Answer

Yes, if experts in the field reasonably rely on such reports

Answer

Under Rule 703, an expert may base an opinion on inadmissible facts or data if experts in the field would reasonably rely on them.

Question 5

The prosecution offers a certified copy of a public land record. The defense objects for lack of authentication because no witness testified about the record. How should the court rule?

Accepted Answer

Overrule the objection, because certified copies of public records are self-authenticating

Answer

Rule 902(4) makes certified copies of public records self-authenticating, requiring no extrinsic evidence of authenticity.

(OH Bar) Ohio Bar Exam Practice Test

(OH Bar) Ohio Bar Exam Practice Test

OH Bar Evidence 3