MBE Evidence - Bar Exam Questions with Detailed Answers

Previous Similar/ Relevant Occurrences (exceptions) - Causation - Prior false claims or same bodily injury - Similar accidents or events causes by the same event or condition o Existence of dangerous condition o Knowledge of condition o Condition was the cause of injury Habit Evidence Habit describes a person's regular response to a specific set of circumstances. Under FRE 406, HABIT may be admitted to show a person acted in accordance with the habit -Look for frequency, particularity, words like "instinctively" and "automatically" Evidence excluded for public policy reasons - Liability Insurance o Except where ownership is in dispute - Subsequent remedial measures o Except if ownership, impossibility, control is in dispute - Settlement Offers and Negotiations - Withdrawn Guilty Pleas or offers to plead guilty - Offers to pay or payment of medical expenses (Evidence) Liability Insurance - Evidence of insurance against liability (or lack thereof) is not admissible to show negligence or ability to pay a substantial judgment. - It may be admissible to: o Prove ownership or control o Impeach o As part of an admission of liability (Evidence) Subsequent Remedial Measures - Evidence of repairs or other precautionary measures made following an injury is not admissible to prove negligence, culpable conduct, a defect in a product or design, or a need for a warning or instruction - It MAY BE admissible to prove o Ownership or control (where disputed) o Rebut a claim that precaution was not feasible (where disputed) o Prove that the opposing party has destroyed evidence (Evidence) Settlement Offers Evidence of compromise is not admissible to prove or disprove the validity or amount of a disputed claim, or to impeach a witness by prior inconsistent statement or contradiction Conduct or statements made in the course of negotiating a compromise (including direct admissions of liability) are also inadmissible for these purposes *must be an indication that the party is going to make a claim Settlement Offers where Civil Dispute with Government Authority - Enron Rule - Conduct or statements made during compromise negotiations regarding a civil dispute with a governmental regulatory, investigative, or enforcement authority are not excluded when offered in a criminal case