SC Bar Evidence 3

Question 1

A plaintiff in a slip-and-fall case offers evidence that the store installed warning signs the day after her fall to prove the store was negligent. Is this evidence admissible for that purpose?

Accepted Answer

No, subsequent remedial measures are inadmissible to prove negligence

Answer

Rule 407 bars evidence of subsequent remedial measures to prove negligence or culpable conduct, though it may be admitted for other purposes like ownership or feasibility if disputed.

Question 2

A witness cannot recall the license plate number 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 accurately reported the number when it was fresh in her mind. How may the number come in?

Accepted Answer

Read into evidence as past recollection recorded, but the document itself is not admitted as the proponent's exhibit

Answer

Under the recorded recollection exception, a qualifying record may be read to the jury but received as an exhibit only if offered by the adverse party.

Question 3

A defendant charged with arson offers evidence that he refused to plead guilty during plea discussions and statements he made to the prosecutor during those discussions are offered against him by the State. Are the plea-discussion statements admissible?

Accepted Answer

No, statements made during plea discussions with the prosecuting attorney are inadmissible

Answer

Rule 410 excludes withdrawn guilty pleas, nolo pleas, and statements made in plea discussions with the prosecuting authority that did not result in a guilty plea.

Question 4

At trial, a party seeks to prove the contents of a written contract by having a witness testify to its terms from memory, though the original contract exists and is available. Is the testimony proper?

Accepted Answer

No, the best evidence rule requires the original or an excuse for its absence

Answer

The best evidence rule requires the original writing (or a duplicate) when proving its contents unless the original is shown to be lost, destroyed, or otherwise unobtainable.

Question 5

A defendant in a sexual assault prosecution seeks to introduce evidence of the victim's prior sexual conduct with third parties to suggest consent. Under the rape shield rule, is this generally admissible?

Accepted Answer

No, evidence of a victim's sexual behavior with others is generally inadmissible, subject to narrow exceptions

Answer

Rape shield provisions generally bar evidence of a victim's other sexual behavior, allowing only narrow exceptions such as proving an alternative source of physical evidence or prior conduct with the accused.

(SC Bar) South Carolina Bar Exam Practice Test

(SC Bar) South Carolina Bar Exam Practice Test

SC Bar Evidence 3