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

Crimes involving dishonesty or false statement, like embezzlement, are automatically admissible for impeachment without balancing under the evidence rules.

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

Subsequent remedial measures are inadmissible to prove negligence but admissible for other purposes such as proving disputed ownership or control.

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

A criminal defendant may open the door by offering reputation or opinion evidence of a pertinent character trait such as peacefulness.

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

Both the offer to compromise and statements made during compromise negotiations are inadmissible to prove liability for or the amount of a disputed claim.

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

A recorded recollection may be read into evidence but is received as an exhibit only if offered by the adverse party.

(OK Bar) Oklahoma Bar Exam Practice Test

(OK Bar) Oklahoma Bar Exam Practice Test

OK Bar Evidence 2