MBE – Evidence Questions and Answers
Latest Version Already Passed
In a criminal trial, the prosecution wishes to introduce a statement made by the defendant to the
police. The statement was made after the defendant was given their Miranda rights. The
statement is:
✔✔A. Admissible, as long as it was voluntary
B. Admissible only if the defendant is not under duress
C. Admissible if corroborated by physical evidence
D. Inadmissible unless the defendant agrees to its introduction
Which of the following types of evidence is generally considered the most reliable?
✔✔A. Physical evidence
B. Hearsay
C. Testimonial evidence
D. Documentary evidence
In a trial, a witness testifies to having heard the defendant admit to committing the crime. This
testimony is:
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,A. Hearsay, unless the defendant’s statement is an exception to the hearsay rule
✔✔B. Admissible as a statement against interest
C. Inadmissible due to the hearsay rule
D. Admissible if the witness is credible
Which of the following statements is true regarding the best evidence rule?
✔✔A. The original document must be introduced unless it is unavailable
B. Secondary evidence can always replace the original document
C. Only documents that are signed must be original
D. The rule applies only to physical evidence, not documents
A statement made by the defendant to their lawyer is:
✔✔A. Protected by attorney-client privilege
B. Inadmissible, even if the lawyer agrees
C. Inadmissible unless the statement is about a crime
D. Admissible if it pertains to the case
A witness’s prior statement may be admitted into evidence if:
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,✔✔A. The witness is available for cross-examination
B. The statement was not made under oath
C. The statement is inconsistent with the witness’s testimony
D. The statement was made under oath, but not in court
If a document is offered as evidence and its authenticity is challenged, the burden of proving
authenticity falls on:
A. The opposing party
✔✔B. The party offering the document
C. The judge
D. The jury
Which of the following is an example of hearsay?
✔✔A. A statement made out of court offered to prove the truth of the matter asserted
B. A statement made in court by a witness
C. A statement made to a police officer in response to questioning
D. A statement made by the defendant’s lawyer during cross-examination
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, A witness testifies that they saw the defendant at the scene of the crime. This is considered:
✔✔A. Direct evidence
B. Circumstantial evidence
C. Hearsay
D. Inadmissible evidence
The rule that prohibits the use of evidence obtained through illegal means is known as the:
✔✔A. Exclusionary rule
B. Hearsay rule
C. Best evidence rule
D. Rule of completeness
Which of the following is an exception to the hearsay rule?
✔✔A. A statement made under the belief of impending death
B. A statement made during the trial
C. A statement made by a party-opponent
D. A statement made by a witness who cannot be cross-examined
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Latest Version Already Passed
In a criminal trial, the prosecution wishes to introduce a statement made by the defendant to the
police. The statement was made after the defendant was given their Miranda rights. The
statement is:
✔✔A. Admissible, as long as it was voluntary
B. Admissible only if the defendant is not under duress
C. Admissible if corroborated by physical evidence
D. Inadmissible unless the defendant agrees to its introduction
Which of the following types of evidence is generally considered the most reliable?
✔✔A. Physical evidence
B. Hearsay
C. Testimonial evidence
D. Documentary evidence
In a trial, a witness testifies to having heard the defendant admit to committing the crime. This
testimony is:
1
,A. Hearsay, unless the defendant’s statement is an exception to the hearsay rule
✔✔B. Admissible as a statement against interest
C. Inadmissible due to the hearsay rule
D. Admissible if the witness is credible
Which of the following statements is true regarding the best evidence rule?
✔✔A. The original document must be introduced unless it is unavailable
B. Secondary evidence can always replace the original document
C. Only documents that are signed must be original
D. The rule applies only to physical evidence, not documents
A statement made by the defendant to their lawyer is:
✔✔A. Protected by attorney-client privilege
B. Inadmissible, even if the lawyer agrees
C. Inadmissible unless the statement is about a crime
D. Admissible if it pertains to the case
A witness’s prior statement may be admitted into evidence if:
2
,✔✔A. The witness is available for cross-examination
B. The statement was not made under oath
C. The statement is inconsistent with the witness’s testimony
D. The statement was made under oath, but not in court
If a document is offered as evidence and its authenticity is challenged, the burden of proving
authenticity falls on:
A. The opposing party
✔✔B. The party offering the document
C. The judge
D. The jury
Which of the following is an example of hearsay?
✔✔A. A statement made out of court offered to prove the truth of the matter asserted
B. A statement made in court by a witness
C. A statement made to a police officer in response to questioning
D. A statement made by the defendant’s lawyer during cross-examination
3
, A witness testifies that they saw the defendant at the scene of the crime. This is considered:
✔✔A. Direct evidence
B. Circumstantial evidence
C. Hearsay
D. Inadmissible evidence
The rule that prohibits the use of evidence obtained through illegal means is known as the:
✔✔A. Exclusionary rule
B. Hearsay rule
C. Best evidence rule
D. Rule of completeness
Which of the following is an exception to the hearsay rule?
✔✔A. A statement made under the belief of impending death
B. A statement made during the trial
C. A statement made by a party-opponent
D. A statement made by a witness who cannot be cross-examined
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