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Exam (elaborations)

Evidence FRE Exam Questions with Complete Correct Answers | Grade A+

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How is relevance determined? Ans: Evidence is relevant if it tends to make the existence of any fact of consequence to the outcome of the action more probable than it would be without the evidence. When are similar occurrences considered to be relevant? Ans: If they are probative of a material issue and that probativeness outweighs the risk of confusion or unfair prejudice. When does a trial judge have discretion to exclude relevant evidence? Ans: If its probative value is substantially outweighed by the danger of unfair prejudice, confusion of issues, misleading the jury, undue delay, or waste of time. When can character evidence be offered as substantive evidence? Ans: 1. To prove character when it is the ultimate issue in a case or; 2. to serve as circumstantial evidence of how a person probably acted. What are the three possible ways to prove character? Ans: 1. Evidence of specific acts, 2. Opinion testimony, and; 3. Reputation testimony. What is put into issue when the defendant takes the stand? Ans: The defendant's credibility. How can the prosecution rebut the defendant's evidence of his good character? Ans: The prosecution may cross examine the character witness asking them if they know or have heard of specific instances that rebut the direct testimony. The prosecution can also call their own witnesses to testify

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Institution
Criminal Evidence
Course
Criminal Evidence

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Uploaded on
July 7, 2024
Number of pages
15
Written in
2023/2024
Type
Exam (elaborations)
Contains
Questions & answers

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Evidence FRE Exam Questions with
Complete Correct Answers | Grade
A+

How is relevance determined?

Ans: Evidence is relevant if it tends to make the existence of any fact of consequence to the

outcome of the action more probable than it would be without the evidence.




When are similar occurrences considered to be relevant?

Ans: If they are probative of a material issue and that probativeness outweighs the risk of

confusion or unfair prejudice.




When does a trial judge have discretion to exclude relevant evidence?

Ans: If its probative value is substantially outweighed by the danger of unfair prejudice,

confusion of issues, misleading the jury, undue delay, or waste of time.




When can character evidence be offered as substantive evidence?

Ans: 1. To prove character when it is the ultimate issue in a case or; 2. to serve as

circumstantial evidence of how a person probably acted.




What are the three possible ways to prove character?

, Ans: 1. Evidence of specific acts, 2. Opinion testimony, and; 3. Reputation testimony.




What is put into issue when the defendant takes the stand?

Ans: The defendant's credibility.




How can the prosecution rebut the defendant's evidence of his good character?

Ans: The prosecution may cross examine the character witness asking them if they know or

have heard of specific instances that rebut the direct testimony. The prosecution can also call

their own witnesses to testify to the defendant's bad character and give their own opinions.




How can the prosecution respond when the defendant has introduced evidence of an alleged

victim's bad character?

Ans: The prosecution may counter with reputation or opinion evidence of the victim's good

character or the defendant's bad character for the same trait.




When can evidence of prior bad acts be admissible?

Ans: MIMIC: to show Motive, Intent, Mistake or absence of mistake, Identity, or evidence

of a Common plan or scheme.




When are prior acts of sexual assault or child molestation admissible?

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