TX Bar Evidence 5

Question 1

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

Accepted Answer

The content of a writing, recording, or photograph

Answer

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

Question 2

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

Accepted Answer

Generally known within the jurisdiction or readily determinable from reliable sources

Answer

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

Question 3

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

Accepted Answer

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

Answer

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

Question 4

Under TRE 1003, a duplicate is inadmissible when:

Accepted Answer

A genuine question exists as to the authenticity of the original

Answer

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.

Question 5

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

Accepted Answer

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

Answer

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.

(TX Bar) Texas Bar Exam Practice Test

(TX Bar) Texas Bar Exam Practice Test

TX Bar Evidence 5