MBE – Evidence – 2026 – Study Guide and Practice
Questions
FRE apply to - correct answer ✔✔ • All trials in federal court (civil and criminal)
• Bankruptcy
• Admiralty
• Contempt proceedings, but not summary contempt
FRE do not apply to - correct answer ✔✔ • Preliminary determinations of admissibility ( except
for privileges)
• Sentencing hearings
• Grand jury proceedings
Limit on relevancy - correct answer ✔✔ • Unfair prejudice
o Appeals to the jury's emotions (infuriating)
o Evidence that may make the jury act irrationally
• Confusion of the issues
• Mislead the jury
• Waste of time
,• Undue delay
• Unduly cumulative
• Unfair surprise does not violate FRE 403.
Habit Evidence (FRE 406) - correct answer ✔✔ Habit of a person or a routine practice of
organization is admissible as some evidence of how the person or organization acted on the
date in question.
• Habit describes one's regular response to a specific set of circumstances and is relevant to
show that the person acted in the same way on the occasion in question.
• Two defining characteristics: frequency and particularity
• Critical words: "always," "instinctively," "invariably," "automatically."
Subsequent remedial measures (FRE 407) - correct answer ✔✔ Evidence of a post-accident
measure is inadmissible to prove defendant was negligent or at fault, or a product is defective.
Exception-FDIC
• May be admitted t to show feasibility of safety measures, if contested.
• May also be admitted to show destruction of evidence (e.g., fixed a car dent to cover up an
accident)
• May be admitted to impeach
o Only if Defendant makes assertion contradicted by subsequent remedial measure or if
Defendant claims product or condition was best or safest.
, • Can be admitted to show ownership or control, if disputed.
Settlements in civil cases (FRE 408) - correct answer ✔✔ If there is a disputed claim, then
evidence of:
• Offers to settle
• Actual settlements
• Admissions of fault
• Settlements can be used to show the bias of a witness
Disputed claim = a dispute as to either fault or damages.
• If not disputed, admissible as an admission/opposing-party statement.
Claim = don't need to have a lawsuit commenced, just some assertion that a claim exists—a
claim letter or assertion is enough.
Are INADMISSIBLE if offered to:
• Prove fault or amount of damages
• Impeach witness with prior inconsistent statement or contradiction
If settlement offer is inadmissible, any statements of fault during offers to settle are also
inadmissible.
Offers to pay medical expenses (FRE 409) - correct answer ✔✔ Evidence that a party furnished
or offered to pay hospital, medical, or similar expenses is inadmissible.
Limitations
If a party makes an admission of fault during an offer to pay medical expenses, it's admissible as
an admission/opposing-party statement.
Questions
FRE apply to - correct answer ✔✔ • All trials in federal court (civil and criminal)
• Bankruptcy
• Admiralty
• Contempt proceedings, but not summary contempt
FRE do not apply to - correct answer ✔✔ • Preliminary determinations of admissibility ( except
for privileges)
• Sentencing hearings
• Grand jury proceedings
Limit on relevancy - correct answer ✔✔ • Unfair prejudice
o Appeals to the jury's emotions (infuriating)
o Evidence that may make the jury act irrationally
• Confusion of the issues
• Mislead the jury
• Waste of time
,• Undue delay
• Unduly cumulative
• Unfair surprise does not violate FRE 403.
Habit Evidence (FRE 406) - correct answer ✔✔ Habit of a person or a routine practice of
organization is admissible as some evidence of how the person or organization acted on the
date in question.
• Habit describes one's regular response to a specific set of circumstances and is relevant to
show that the person acted in the same way on the occasion in question.
• Two defining characteristics: frequency and particularity
• Critical words: "always," "instinctively," "invariably," "automatically."
Subsequent remedial measures (FRE 407) - correct answer ✔✔ Evidence of a post-accident
measure is inadmissible to prove defendant was negligent or at fault, or a product is defective.
Exception-FDIC
• May be admitted t to show feasibility of safety measures, if contested.
• May also be admitted to show destruction of evidence (e.g., fixed a car dent to cover up an
accident)
• May be admitted to impeach
o Only if Defendant makes assertion contradicted by subsequent remedial measure or if
Defendant claims product or condition was best or safest.
, • Can be admitted to show ownership or control, if disputed.
Settlements in civil cases (FRE 408) - correct answer ✔✔ If there is a disputed claim, then
evidence of:
• Offers to settle
• Actual settlements
• Admissions of fault
• Settlements can be used to show the bias of a witness
Disputed claim = a dispute as to either fault or damages.
• If not disputed, admissible as an admission/opposing-party statement.
Claim = don't need to have a lawsuit commenced, just some assertion that a claim exists—a
claim letter or assertion is enough.
Are INADMISSIBLE if offered to:
• Prove fault or amount of damages
• Impeach witness with prior inconsistent statement or contradiction
If settlement offer is inadmissible, any statements of fault during offers to settle are also
inadmissible.
Offers to pay medical expenses (FRE 409) - correct answer ✔✔ Evidence that a party furnished
or offered to pay hospital, medical, or similar expenses is inadmissible.
Limitations
If a party makes an admission of fault during an offer to pay medical expenses, it's admissible as
an admission/opposing-party statement.
