WY Bar Evidence 3

Question 1

Under FRE 404(a)(2), a criminal defendant may introduce evidence of a pertinent character trait. If the defendant does so, the prosecution may then:

Accepted Answer

Rebut with reputation or opinion evidence of the defendant's bad character for that same trait

Answer

Once a criminal defendant opens the door by introducing character evidence of a pertinent trait, the prosecution may rebut with reputation or opinion evidence of the defendant's bad character for that same trait.

Question 2

Under FRE 803(6), the business records exception requires all of the following EXCEPT:

Accepted Answer

The record was authenticated by an expert witness at trial

Answer

FRE 803(6) does not require expert witness authentication; a custodian or other qualified witness can lay the foundation, or a certification under FRE 902(11) may be used.

Question 3

Under FRE 901, authentication of evidence requires:

Accepted Answer

Evidence sufficient to support a finding that the item is what the proponent claims

Answer

FRE 901(a) requires only evidence sufficient to support a jury finding that the item is what the proponent claims — it is a low threshold met by a preponderance of the evidence.

Question 4

Under FRE 407, subsequent remedial measures evidence may nonetheless be admitted to prove:

Accepted Answer

Ownership or control, or to impeach a witness who claims no safer design existed

Answer

FRE 407 permits subsequent remedial measure evidence when offered to prove ownership, control, feasibility of precautionary measures (if controverted), or to impeach.

Question 5

Under FRE 615, the rule on exclusion of witnesses (sequestration) does NOT apply to:

Accepted Answer

A party who is a natural person

Answer

FRE 615 excludes witnesses from the courtroom during others' testimony, but a party who is a natural person has a constitutional right to remain present throughout trial.

WY Bar - Wyoming Bar Exam Practice Test

WY Bar - Wyoming Bar Exam Practice Test

WY Bar Evidence 3