OR Bar Evidence 3

Question 1

In a civil fraud case, plaintiff seeks to introduce evidence that defendant committed a similar fraudulent scheme five years ago. This evidence is:

Accepted Answer

Admissible to show knowledge, plan, or absence of mistake under OEC 404(b)

Answer

OEC 404(b) prohibits other-acts evidence to prove character/propensity but permits it for purposes such as proving knowledge, plan, or absence of mistake.

Question 2

During cross-examination, opposing counsel shows the witness a prior deposition in which she said the light was red, contradicting her trial testimony that it was green. The prior deposition is offered to:

Accepted Answer

Impeach the witness's credibility through a prior inconsistent statement

Answer

A prior inconsistent statement may be used to impeach a witness's credibility by showing the witness said something different on a prior occasion.

Question 3

In a civil battery case, defendant wishes to introduce evidence that plaintiff has a reputation for being the aggressor in fights. This evidence is:

Accepted Answer

Inadmissible; OEC 404(a) bars character evidence to prove conduct in civil cases

Answer

Under OEC 404(a), character evidence offered to prove a person acted in conformity therewith is generally inadmissible in civil cases.

Question 4

An expert witness proposes to testify about a new scientific technique for analyzing bloodstain patterns. Under Oregon's standard for expert testimony, the trial court should:

Accepted Answer

Evaluate whether the methodology is scientifically valid and reliably applied to the facts

Answer

Oregon applies a reliability-based gatekeeping standard under OEC 702, requiring the court to assess whether the expert's methodology is valid and fits the case facts.

Question 5

In a sexual assault prosecution, the defendant seeks to introduce evidence of the victim's prior sexual conduct with third parties to show consent. Under Oregon's rape shield law, this evidence is:

Accepted Answer

Generally inadmissible, with narrow exceptions such as prior acts with the defendant

Answer

Oregon's rape shield statute (ORS 40.210) bars evidence of the victim's prior sexual conduct with third parties, with limited exceptions such as prior consensual acts with the defendant.

(OR Bar) Oregon Bar Exam Practice Test

(OR Bar) Oregon Bar Exam Practice Test

OR Bar Evidence 3