OK Bar Evidence 2

Question 1

A witness in an Oklahoma civil trial testifies she saw the defendant run a red light.
On cross, defense counsel asks about her felony embezzlement conviction from four years ago.
Is the conviction admissible to impeach?

Accepted Answer

Yes, because embezzlement involves a dishonest act and must be admitted

Answer

Only if the witness denies the conviction first

Answer

No, because convictions are only admissible in criminal cases

Answer

Only if the conviction resulted in actual imprisonment

Question 2

In a negligence suit after a stairway fall, the plaintiff offers evidence that the store repaired the broken handrail two days after the accident. The store disputes that it owned the stairway. Is the repair evidence admissible?

Accepted Answer

Yes, to prove ownership or control since the store disputes it

Answer

No, unless the plaintiff first proves the handrail was defective

Answer

Yes, to prove the store was negligent

Answer

No, subsequent remedial measures are always inadmissible

Question 3

A murder defendant calls a witness to testify that the defendant has a reputation in the community as a peaceful person. The prosecutor objects. How should the court rule?

Accepted Answer

Admit it, because a criminal defendant may offer evidence of a pertinent character trait

Answer

Exclude it, because character evidence is never admissible in criminal cases

Answer

Admit it only if the defendant first testifies

Answer

Exclude it, because reputation testimony is hearsay

Question 4

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

Accepted Answer

No, statements made during compromise negotiations of a disputed claim are inadmissible to prove liability

Answer

Yes, because it is an admission by a party-opponent

Answer

Yes, because only the settlement offer itself is excluded, not surrounding statements

Answer

No, unless the negotiations were conducted through attorneys

Question 5

A witness cannot recall the license plate she reported to police right after a hit-and-run. The prosecutor shows her the police report, but her memory is not refreshed. She testified she was sure the number was accurate when reported. How may the plate number come in?

Accepted Answer

The report may be read into evidence as a recorded recollection, but not received as an exhibit unless offered by the adverse party

Answer

The report is admitted as a business record exhibit for the jury

Answer

The number is inadmissible because the witness has no present memory

Answer

The witness may simply guess based on the report

Question 6

In an Oklahoma robbery prosecution, the State offers evidence that the defendant committed a similar robbery two years earlier, using the same distinctive mask and phrase, to prove identity. The defense objects under the character evidence rules. What is the best analysis?

Accepted Answer

Admissible as other-crimes evidence offered for the non-character purpose of proving identity through a distinctive modus operandi

Answer

Inadmissible because prior crimes can never be shown unless the defendant testifies

Answer

Inadmissible unless the prior robbery resulted in a conviction

Answer

Admissible to show the defendant has a propensity to rob

Question 7

A defendant charged with battery claims self-defense and testifies the victim attacked first. The defendant offers a witness to testify to the victim's reputation for violence. The prosecutor objects. Result?

Accepted Answer

Admissible, because a criminal defendant may offer reputation evidence of the alleged victim's pertinent character trait

Answer

Inadmissible, because specific acts are required to prove the victim's violence

Answer

Inadmissible, because only the prosecution may raise the victim's character

Answer

Admissible only if the defendant knew of the victim's reputation at the time