BARBRI EVIDENCE LATEST ACTUAL EXAM WITH
VERIFIED QUESTIONS & CORRECT ANSWERS
Question 1.
Evidence is relevant if it has....
ANSWER
any tendency to make a material fact more probable or less probable than without the
evidence.
Question 2.
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)
Question 3.
Lay witnesses can testify to...
ANSWER
anything rationally based in their perception (first hand knowledge, not legal issues i.e. who
was negligent)
,Question 4.
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.
Question 5.
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)
2. CE is admissible for purpose other than propensity AND it's relevant
3. If party (any) testifies, then that party's character for truthfulness or untruthfulness is
automatically at issue and fair game.
Question 6.
ATTACK PLAN: four questions for any Evidence question
ANSWER
(1) Civil or criminal? (2) situation: cross, direct, redirect? (3) purpose of offering testimony - for
truth, for impeachment? (4) Relevance of testimony?
Question 7.
Evidence is admissible unless...
(2)
ANSWER
Exclusionary rule applies, or court makes discretionary ruling not to allow it
Question 8.
Three reasons to exclude - accuracy based
ANSWER
Danger of unfair prejudice, Confusion of the issues, Misleading the Jury
,Question 9.
Three reasons to exclude - efficiency of trial based
ANSWER
Undue delay, Waste of time, Unduly cumulative
Question 10.
Plaintiff's accident history is generally ____ because ____
ANSWER
inadmissible because it shows nothing more than the fact the plaintiff is accident-prone.
Question 11.
Character evidence is _______ in civil actions to prove ______. Exception?
ANSWER
inadmissible in civil actions to prove conduct on a particular occasion. Exception: character
evidence in civil action is admissible if the event that caused the plaintiff's INJURIES is in issue.
Question 12.
Accidents involving defendant are inadmissible because they _________. Exception: other accidents
involving ___________ may be admitted for
(3)
ANSWER
suggest nothing more than general character for carelessness. The exception is that other
accidents involving the same instrumentality or condition may be admitted for potential
purposes IF other accident occurred UNDER SUBSTANTIALLY SIMILAR CIRCUMSTANCES: (1)
Existence of a dangerous condition, (2) causation of the accident, or (3) prior notice of the
danger to the defendant.
Question 13.
HYPO: several cars collide with lamppost that P ran into, which injured him. Can P introduce other
accidents against city?
ANSWER
Yes, if other accidents happened under substantially similar circumstances. Shows
(1) existence of dangerous condition, (2) causation of the accident, and (3) prior notice to
muni-defendant of danger.
, Question 14.
Substantial similarity rule also governs admissibility of .....
NEED MORE INFO - EXAMPLES?
ANSWER
experiments and tests, which must be conducted under circumstances substantially similar to
those at issue.
Question 15.
If intent is at issue, may prior conduct of a person be admissible? If so, for what purpose?
ANSWER
Yes. For the purpose of raising an inference of the person's intent on a later occasion.
Question 16.
P wants to introduce evidence that other products' prices show what D's prices should have been.
Admissible?
ANSWER
Yes, if other property is of similar type, in same general location, and close in time period at
issue. However, other qualifying products' price will only be SOME evidence, not completely
dispositive.
Question 17.
Habit - admissible? purpose? what type of evidence?
ANSWER
Admissible to show habit or routine of a biz organization as circumstantial evidence to show
how the person/biz acted on the occasion at issue in the litigation.
Question 18.
How is habit different from character evidence?
ANSWER
CE refers to person's general propensity or disposition. Habit is a repetitive response to a
particular set of circumstances. Habit is shown by (1) frequency of the conduct, (2) particularity
of the conduct.
VERIFIED QUESTIONS & CORRECT ANSWERS
Question 1.
Evidence is relevant if it has....
ANSWER
any tendency to make a material fact more probable or less probable than without the
evidence.
Question 2.
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)
Question 3.
Lay witnesses can testify to...
ANSWER
anything rationally based in their perception (first hand knowledge, not legal issues i.e. who
was negligent)
,Question 4.
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.
Question 5.
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)
2. CE is admissible for purpose other than propensity AND it's relevant
3. If party (any) testifies, then that party's character for truthfulness or untruthfulness is
automatically at issue and fair game.
Question 6.
ATTACK PLAN: four questions for any Evidence question
ANSWER
(1) Civil or criminal? (2) situation: cross, direct, redirect? (3) purpose of offering testimony - for
truth, for impeachment? (4) Relevance of testimony?
Question 7.
Evidence is admissible unless...
(2)
ANSWER
Exclusionary rule applies, or court makes discretionary ruling not to allow it
Question 8.
Three reasons to exclude - accuracy based
ANSWER
Danger of unfair prejudice, Confusion of the issues, Misleading the Jury
,Question 9.
Three reasons to exclude - efficiency of trial based
ANSWER
Undue delay, Waste of time, Unduly cumulative
Question 10.
Plaintiff's accident history is generally ____ because ____
ANSWER
inadmissible because it shows nothing more than the fact the plaintiff is accident-prone.
Question 11.
Character evidence is _______ in civil actions to prove ______. Exception?
ANSWER
inadmissible in civil actions to prove conduct on a particular occasion. Exception: character
evidence in civil action is admissible if the event that caused the plaintiff's INJURIES is in issue.
Question 12.
Accidents involving defendant are inadmissible because they _________. Exception: other accidents
involving ___________ may be admitted for
(3)
ANSWER
suggest nothing more than general character for carelessness. The exception is that other
accidents involving the same instrumentality or condition may be admitted for potential
purposes IF other accident occurred UNDER SUBSTANTIALLY SIMILAR CIRCUMSTANCES: (1)
Existence of a dangerous condition, (2) causation of the accident, or (3) prior notice of the
danger to the defendant.
Question 13.
HYPO: several cars collide with lamppost that P ran into, which injured him. Can P introduce other
accidents against city?
ANSWER
Yes, if other accidents happened under substantially similar circumstances. Shows
(1) existence of dangerous condition, (2) causation of the accident, and (3) prior notice to
muni-defendant of danger.
, Question 14.
Substantial similarity rule also governs admissibility of .....
NEED MORE INFO - EXAMPLES?
ANSWER
experiments and tests, which must be conducted under circumstances substantially similar to
those at issue.
Question 15.
If intent is at issue, may prior conduct of a person be admissible? If so, for what purpose?
ANSWER
Yes. For the purpose of raising an inference of the person's intent on a later occasion.
Question 16.
P wants to introduce evidence that other products' prices show what D's prices should have been.
Admissible?
ANSWER
Yes, if other property is of similar type, in same general location, and close in time period at
issue. However, other qualifying products' price will only be SOME evidence, not completely
dispositive.
Question 17.
Habit - admissible? purpose? what type of evidence?
ANSWER
Admissible to show habit or routine of a biz organization as circumstantial evidence to show
how the person/biz acted on the occasion at issue in the litigation.
Question 18.
How is habit different from character evidence?
ANSWER
CE refers to person's general propensity or disposition. Habit is a repetitive response to a
particular set of circumstances. Habit is shown by (1) frequency of the conduct, (2) particularity
of the conduct.
