Evidence Flashcards
7 cards from real TX BAR practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Evidence flashcards as text
Under TRE 404(b), evidence of a party's prior bad acts is admissible to prove:
Answer: Intent, motive, plan, identity, or absence of mistake, but not character
TRE 404(b) allows prior bad acts evidence only for non-character purposes such as intent, motive, plan, identity, or absence of mistake.
Under TRE 609, a prior conviction may be used to impeach a witness if the crime:
Answer: Involved moral turpitude or was punishable by death or imprisonment exceeding one year
TRE 609 allows impeachment with convictions for crimes of moral turpitude or felonies punishable by imprisonment over one year.
Under TRE 702, an expert witness may testify when:
Answer: Specialized knowledge will help the trier of fact and is based on sufficient facts and reliable methodology
TRE 702 requires that expert testimony rest on sufficient facts, reliable principles, and reliably applied methodology that assists the trier of fact.
Under TRE 405, when character is an essential element of a claim or defense, it may be proved by:
Answer: Reputation, opinion, or specific instances of conduct
When character is an essential element of a charge, claim, or defense, TRE 405(b) permits proof by reputation, opinion, or specific instances of conduct.
A prior inconsistent statement is admissible as substantive evidence under TRE 801(e)(1)(A) only if it was:
Answer: Given under oath at a prior trial, hearing, or other proceeding
A prior inconsistent statement is substantively admissible only if it was given under oath subject to perjury at a prior trial, hearing, or proceeding.
Under the Texas Rape Shield Law (TRE 412), evidence of a victim's past sexual behavior is:
Answer: Generally inadmissible, with narrow exceptions such as constitutional necessity
TRE 412 generally excludes a victim's past sexual behavior, with narrow exceptions including constitutional necessity and specific acts with the accused.
Under TRE 613, before impeaching a witness with a prior inconsistent statement, Texas requires:
Answer: The witness to be given an opportunity to explain or deny the prior statement
TRE 613 requires that the witness be given an opportunity to explain or deny the prior inconsistent statement before it is admitted.