Barbri Evidence Exam Questions & Answers 2023/2024

Barbri Evidence Exam Questions & Answers 2023/2024 Evidence is relevant if it has.... - ANSWER-any tendency to make a material fact more probable or less probable than without the evidence. Five Rules of Character Evidence - Criminal - ANSWER-1. Prosecution can't use reputation or opinion if purpose is to show conformity by D (no propensity evidence) 2. D can do character evidence of relevant good character to show he conformed with that character (reputation/opinion ONLY, no specific acts) (propensity OK by D) 3. D introducing good character evidence allows prosecution to rebut it with reputation or opinion evidence ONLY (no specific acts) to show bad character 4. Previous crimes or bad acts are NEVER admissible to show Defendant probably acted bad again. However, OK for other purposes if MIMIC - motive, intent, mistake (absence thereof), identification, common scheme/plan 5. If D testifies regarding his character, then it places his character at issue and Prosecution can use character evidence to show D is not truthful (impeaching D) Lay witnesses can testify to... - ANSWER-anything rationally based in their perception (first hand knowledge, not legal issues i.e. who was negligent) EWs can base their opinions on... (3) - ANSWER-(1) personal observations, (2) authoritative texts (learned treatises), or (3) theories reasonably relied upon by other expert witnesses in the same field. Three Rules of Character Evidence - Civil - ANSWER-1. CE is inadmissible unless directly at issue OR essential element of party's claim or defense. Four instances where essential: defamation (plaintiff's case), child custody (parent's case), fraud (defendant's case), negligent entrustment (trustee's case)