DE Bar Evidence

Question 1

What is relevance in evidence law?

Accepted Answer

Evidence that has any tendency to make a material fact more or less probable

Answer

Relevant evidence is any evidence that has a tendency to make a fact of consequence to the case more or less probable than it would be without the evidence.

Question 2

What is the hearsay rule?

Accepted Answer

Out-of-court statements offered to prove the truth of the matter asserted are generally inadmissible

Answer

Hearsay is an out-of-court statement offered to prove the truth of what was stated. It is generally inadmissible unless an exception applies.

Question 3

What is the best evidence rule?

Accepted Answer

Original documents must be produced to prove their contents unless an exception applies

Answer

The best evidence rule requires the original writing, recording, or photograph when a party seeks to prove its contents, though copies may be admitted under certain exceptions.

Question 4

When may character evidence be used to prove conduct?

Accepted Answer

In criminal cases, the defendant may offer evidence of pertinent good character traits

Answer

In criminal cases, the defendant may offer evidence of relevant good character traits. The prosecution cannot initiate character evidence but may rebut once the defendant opens the door.

Question 5

What are prior inconsistent statements used for?

Accepted Answer

To impeach a witness's credibility by showing contradictory earlier statements

Answer

Prior inconsistent statements are primarily used to impeach credibility by demonstrating the witness said something different before, though some prior statements may also be substantive evidence.

(DE Bar) Delaware Bar Exam Practice Test

(DE Bar) Delaware Bar Exam Practice Test

DE Bar Evidence