UT Bar Evidence 2

Question 1

A defendant in a Utah assault trial offers testimony that the alleged victim has a reputation for violence. Under Utah Rule of Evidence 404(a)(2), this evidence is:

Accepted Answer

Admissible as a pertinent character trait of the victim offered by the accused

Answer

Rule 404(a)(2) allows a criminal defendant to offer evidence of a pertinent character trait of the alleged victim, such as violence in an assault case.

Question 2

A witness testifies about a car accident. Opposing counsel offers the witness's prior inconsistent statement made in a deposition under oath. The statement is admissible:

Accepted Answer

As substantive evidence and for impeachment

Answer

A prior inconsistent statement given under penalty of perjury at a deposition is non-hearsay under Rule 801(d)(1)(A) and may be used both substantively and to impeach.

Question 3

During a robbery trial, a 911 recording captures the victim shouting, 'He's pointing a gun at me right now!' This statement is most likely admissible as:

Accepted Answer

A present sense impression or excited utterance

Answer

A statement describing an event as it occurs, made under the stress of a startling event, fits both the present sense impression and excited utterance exceptions under Rules 803(1) and 803(2).

Question 4

A plaintiff offers evidence that after she slipped on a store's stairs, the store installed a handrail. Under Rule 407, this evidence is:

Accepted Answer

Inadmissible to prove negligence, but admissible to prove ownership or control if disputed

Answer

Subsequent remedial measures are barred to prove negligence or culpable conduct but may be admitted for other purposes like disputed ownership, control, or feasibility.

Question 5

A prosecutor seeks to cross-examine a testifying defendant about a felony fraud conviction from four years ago. Under Rule 609, the conviction is:

Accepted Answer

Automatically admissible because fraud involves a dishonest act or false statement

Answer

Under Rule 609(a)(2), convictions for crimes involving dishonesty or false statement must be admitted to impeach, without balancing.

(UT Bar) Utah Bar Exam Practice Test

(UT Bar) Utah Bar Exam Practice Test

UT Bar Evidence 2