BAR EXAM (EVIDENCE) 2026
QUESTIONS AND VERIFIED
SOLUTIONS GRADED A+ 100% PASS
The federal rules of evidence (FRE) are used on the bar exam
The FRE do not apply to what?
o Preliminary fact determinations by judge
o Grand jury proceedings
o Other miscellaneous proceedings (sentencing, extradition, bail, and probation)
What is considered relevant evidence?
Has any tendency to make the existence of any fact of consequence to the determination of the
action more probable or less probable than it would be without the evidence
o So evidence needs to be material (evidence must be of consequence in the case) and probative
(evidence has any tendency to make the proposition more or less likely)
Is irrelevant evidence always inadmissible?
Yes
When is relevant evidence not admissible?
When (1) kept out by some evidence rule, or (2) court uses R403 discretion to exclude it
R403 discretion
,Judge has discretion to exclude evidence if its probative value is substantially outweighed by any
of the following considerations:
· Unfair prejudice
· Confusion of issues
· Misleading jury
· Undue delay
· Waste of time
· Cumulative
Are P's other lawsuits or accidents admissible?
Generally no BUT
o May be admissible to show something other than carelessness, ex:
- Prior false claims to prove present claim is false
- Prior accidents involving same body part when causation at issue
Are other accidents involving the D admissible?
Generally no BUT
o Similar previous accidents caused by same event or condition and occurring under
substantially similar circumstances are admissible to prove:
- Existence of dangerous condition
- Causation (dangerous condition was cause of present injury)
- Defendant had notice of dangerous condition
Evidence of the absence of complaints is admissible to show what?
The defendant's lack of knowledge of the danger
, Party's similar conduct is admissible to show what?
Their intent in the current case
Evidence of sales of comparable property are admissible to show what?
To establish property's value
Similar occurrence is admissible when?
To rebut claim that occurrence at issue was not possible
What are habit and business routine evidence admissible?
o Admissible as circumstantial evidence that person/org. acted in accordance with habit on
occasion
- Habit: Regular response to specific set of circumstances
When is industrial custom admissible?
As evidence of appropriate standard of care
Admissibility of liability insurance
Inadmissible to prove negligence/wrongful conduct
o HOWEVER, can be admissible to show ownership or control, to impeach a witness, or as part
of an admission of liability
QUESTIONS AND VERIFIED
SOLUTIONS GRADED A+ 100% PASS
The federal rules of evidence (FRE) are used on the bar exam
The FRE do not apply to what?
o Preliminary fact determinations by judge
o Grand jury proceedings
o Other miscellaneous proceedings (sentencing, extradition, bail, and probation)
What is considered relevant evidence?
Has any tendency to make the existence of any fact of consequence to the determination of the
action more probable or less probable than it would be without the evidence
o So evidence needs to be material (evidence must be of consequence in the case) and probative
(evidence has any tendency to make the proposition more or less likely)
Is irrelevant evidence always inadmissible?
Yes
When is relevant evidence not admissible?
When (1) kept out by some evidence rule, or (2) court uses R403 discretion to exclude it
R403 discretion
,Judge has discretion to exclude evidence if its probative value is substantially outweighed by any
of the following considerations:
· Unfair prejudice
· Confusion of issues
· Misleading jury
· Undue delay
· Waste of time
· Cumulative
Are P's other lawsuits or accidents admissible?
Generally no BUT
o May be admissible to show something other than carelessness, ex:
- Prior false claims to prove present claim is false
- Prior accidents involving same body part when causation at issue
Are other accidents involving the D admissible?
Generally no BUT
o Similar previous accidents caused by same event or condition and occurring under
substantially similar circumstances are admissible to prove:
- Existence of dangerous condition
- Causation (dangerous condition was cause of present injury)
- Defendant had notice of dangerous condition
Evidence of the absence of complaints is admissible to show what?
The defendant's lack of knowledge of the danger
, Party's similar conduct is admissible to show what?
Their intent in the current case
Evidence of sales of comparable property are admissible to show what?
To establish property's value
Similar occurrence is admissible when?
To rebut claim that occurrence at issue was not possible
What are habit and business routine evidence admissible?
o Admissible as circumstantial evidence that person/org. acted in accordance with habit on
occasion
- Habit: Regular response to specific set of circumstances
When is industrial custom admissible?
As evidence of appropriate standard of care
Admissibility of liability insurance
Inadmissible to prove negligence/wrongful conduct
o HOWEVER, can be admissible to show ownership or control, to impeach a witness, or as part
of an admission of liability
