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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

  1. The Best Evidence Rule (TRE 1002) requires production of the original when a party seeks to prove:

    Answer: The content of a writing, recording, or photograph

    TRE 1002 requires the original only when a party seeks to prove the content of a writing, recording, or photograph.

  2. Under TRE 201, a court may take judicial notice of an adjudicative fact that is:

    Answer: Generally known within the jurisdiction or readily determinable from reliable sources

    TRE 201 permits judicial notice of facts not subject to reasonable dispute because they are generally known or accurately determinable from reliable sources.

  3. Under TRE 403, relevant evidence may be excluded when its probative value is:

    Answer: Substantially outweighed by the danger of unfair prejudice, confusion, or waste of time

    TRE 403 excludes relevant evidence only when probative value is SUBSTANTIALLY outweighed by unfair prejudice — the standard favors admissibility.

  4. Under TRE 1003, a duplicate is inadmissible when:

    Answer: A genuine question exists as to the authenticity of the original

    A duplicate is inadmissible under TRE 1003 when there is a genuine question about the original's authenticity or when it would be unfair to admit the duplicate.

  5. Lay witness opinion testimony is admissible under TRE 701 if it is:

    Answer: Rationally based on the witness's own perception and helpful to understanding the testimony

    TRE 701 permits lay opinion that is rationally based on the witness's own perception, helpful to the trier of fact, and not dependent on specialized knowledge.

  6. Under TRE 407, evidence of subsequent remedial measures is inadmissible to prove:

    Answer: Negligence or other culpable conduct

    TRE 407 bars subsequent remedial measures evidence to prove negligence or culpable conduct, though it is admissible for ownership, control, or feasibility.

  7. Under TRE 408, evidence of settlement offers and negotiations is inadmissible to prove:

    Answer: Liability for or invalidity of the disputed claim

    TRE 408 bars compromise evidence to prove liability or the invalidity of a claim, protecting the candor necessary for settlement negotiations.