Evidence Multiple Choice questions with complete solutions

The plaintiff sued the defendant after slipping and falling on the newly waxed floor of the defendant's store. Under what circumstances is it most likely the defendant may offer evidence that no one has ever been injured before by slipping on the floor? A. To show the general absence of negligence on the defendant's B. To show that the defendant was a reputable businessperson C. To show that the defendant lacked knowledge of any danger D. To show that the condition of the floor was not defective correct answer: C. To show that the defendant lacked knowledge of any danger; A has nothing to do with negligence, B is character evidence, Which of the following is not a requirement of admissible evidence? A. It must be probative (contributes to proving or disproving a fact of consequence to determination of action) B. It must be material (relates to one of the substantive legal issues in the case) C. it must be credible (readily believable by the factfinder) D. It must be competent (does not violate an exclusionary rule) correct answer: C. Credible; credibility is not requirement of admissible evidence. May be attacked by opposing party but is determined by he fact finder. Which of the following is not a factor in determining relevance? A. The evidence's form or manner B. The evidence's materiality C. the evidence's probativeness D. The evidence's proximity in time to events in question correct answer: A. Evidence's form or manner. Relevance not concerned with form or manner, but instead with substance and content. Relevant evidence is concerned with materiality and probativeness. Proximity has to do with relvance. What time of evidence can only come from someone with actual knowledge of disputed fact by means of his senses? A. Credible B. Direct C. Circumstantial D. Relevant correct answer: B. Direct evidence is direct when facts in dispute are communicated with one who has actual knowledge of facts by means of his senses. Circumstantial evidence depends on inference. Under the Federal Rules, evidence of defendant's withdrawn guilty plea is _____ admissible in subsequent civil proceedings. A. Sometimes B Never C. Always correct answer: C. Never; withdrawn guilty pleas never admissible against defendant who made withdrawn guilty plea. Prejudice and FRE 410 Evidence of party's liability insurance is inadmissible____