MBE EVIDENCE - BAR EXAM WITH
COMPLETE SOLUTIONS
Previous Similar/ Relevant
Occurrences (exceptions) - correct Answer-- Causation
- Prior false claims or same bodily injury
- Similar accidents or events causes by the same event or condition
o Existence of dangerous condition
o Knowledge of condition
o Condition was the cause of injury
Habit
Evidence - correct Answer-Habit describes a person's regular response to a specific set
of circumstances. Under FRE 406, HABIT may be admitted to show a person acted in
accordance with the habit
-Look for frequency, particularity, words like "instinctively" and "automatically"
Evidence excluded for public policy reasons - correct Answer-- Liability Insurance
o Except where ownership is in dispute
- Subsequent remedial measures
o Except if ownership, impossibility, control is in dispute
- Settlement Offers and Negotiations
- Withdrawn Guilty Pleas or offers to plead guilty
- Offers to pay or payment of medical expenses
(Evidence)
Liability Insurance - correct Answer-- Evidence of insurance against liability (or lack
thereof) is not admissible to show negligence or ability to pay a substantial judgment.
- It may be admissible to:
o Prove ownership or control
o Impeach
o As part of an admission of liability
(Evidence)
Subsequent Remedial Measures - correct Answer-- Evidence of repairs or other
precautionary measures made following an injury is not admissible to prove negligence,
culpable conduct, a defect in a product or design, or a need for a warning or instruction
- It MAY BE admissible to prove
o Ownership or control (where disputed)
o Rebut a claim that precaution was not feasible (where disputed)
o Prove that the opposing party has destroyed evidence
, (Evidence)
Settlement Offers - correct Answer-Evidence of compromise is not admissible to prove
or disprove the validity or amount of a disputed claim, or to impeach a witness by prior
inconsistent statement or contradiction
Conduct or statements made in the course of negotiating a compromise (including direct
admissions of liability) are also inadmissible for these purposes
*must be an indication that the party is going to make a claim
Settlement Offers where Civil Dispute with Government Authority - correct Answer--
Enron Rule
- Conduct or statements made during compromise negotiations regarding a civil dispute
with a governmental regulatory, investigative, or enforcement authority are not excluded
when offered in a criminal case
Offers to Pay Medical Expenses - correct Answer-Payment or offers to pay the injured
party's medical expenses are inadmissible.
Unlike the situation with compromise negotiations, admissions of fact accompanying
offers to pay medical expenses ARE admissible.
Means of Proving Character - correct Answer-- Evidence of specific acts
- Opinion testimony of a witness who knows a person
- Testimony as to the person's general reputation in the community
When Character evidence may be offered as substantive evidence - correct Answer-1.
To prove character when it is the ultimate issue in a case (rare in civil cases, NEVER in
criminal cases)
2. To serve as circumstantial evidence of how a person probably acted
How a defendant proves character - correct Answer-Witness may testify as to the
defendant's good reputation for the trait in question and may give his personal opinion
concerning the trait of the defendant
Public Records - correct Answer-Records of a public office or agency setting forth:
1) activities of the office or agency
2) matters observed pursuant to a duty imposed by law*, OR
3) findings of fact or opinion resulting from an investigation authorized by law
***NO POLICE REPORTS FOR PROSECUTORIAL PURPOSES PERMITTED***
Business Records - correct Answer-1) records of a business
2) made in regular course of business
3) the business routinely keeps records
4) record was made contemporaneously
COMPLETE SOLUTIONS
Previous Similar/ Relevant
Occurrences (exceptions) - correct Answer-- Causation
- Prior false claims or same bodily injury
- Similar accidents or events causes by the same event or condition
o Existence of dangerous condition
o Knowledge of condition
o Condition was the cause of injury
Habit
Evidence - correct Answer-Habit describes a person's regular response to a specific set
of circumstances. Under FRE 406, HABIT may be admitted to show a person acted in
accordance with the habit
-Look for frequency, particularity, words like "instinctively" and "automatically"
Evidence excluded for public policy reasons - correct Answer-- Liability Insurance
o Except where ownership is in dispute
- Subsequent remedial measures
o Except if ownership, impossibility, control is in dispute
- Settlement Offers and Negotiations
- Withdrawn Guilty Pleas or offers to plead guilty
- Offers to pay or payment of medical expenses
(Evidence)
Liability Insurance - correct Answer-- Evidence of insurance against liability (or lack
thereof) is not admissible to show negligence or ability to pay a substantial judgment.
- It may be admissible to:
o Prove ownership or control
o Impeach
o As part of an admission of liability
(Evidence)
Subsequent Remedial Measures - correct Answer-- Evidence of repairs or other
precautionary measures made following an injury is not admissible to prove negligence,
culpable conduct, a defect in a product or design, or a need for a warning or instruction
- It MAY BE admissible to prove
o Ownership or control (where disputed)
o Rebut a claim that precaution was not feasible (where disputed)
o Prove that the opposing party has destroyed evidence
, (Evidence)
Settlement Offers - correct Answer-Evidence of compromise is not admissible to prove
or disprove the validity or amount of a disputed claim, or to impeach a witness by prior
inconsistent statement or contradiction
Conduct or statements made in the course of negotiating a compromise (including direct
admissions of liability) are also inadmissible for these purposes
*must be an indication that the party is going to make a claim
Settlement Offers where Civil Dispute with Government Authority - correct Answer--
Enron Rule
- Conduct or statements made during compromise negotiations regarding a civil dispute
with a governmental regulatory, investigative, or enforcement authority are not excluded
when offered in a criminal case
Offers to Pay Medical Expenses - correct Answer-Payment or offers to pay the injured
party's medical expenses are inadmissible.
Unlike the situation with compromise negotiations, admissions of fact accompanying
offers to pay medical expenses ARE admissible.
Means of Proving Character - correct Answer-- Evidence of specific acts
- Opinion testimony of a witness who knows a person
- Testimony as to the person's general reputation in the community
When Character evidence may be offered as substantive evidence - correct Answer-1.
To prove character when it is the ultimate issue in a case (rare in civil cases, NEVER in
criminal cases)
2. To serve as circumstantial evidence of how a person probably acted
How a defendant proves character - correct Answer-Witness may testify as to the
defendant's good reputation for the trait in question and may give his personal opinion
concerning the trait of the defendant
Public Records - correct Answer-Records of a public office or agency setting forth:
1) activities of the office or agency
2) matters observed pursuant to a duty imposed by law*, OR
3) findings of fact or opinion resulting from an investigation authorized by law
***NO POLICE REPORTS FOR PROSECUTORIAL PURPOSES PERMITTED***
Business Records - correct Answer-1) records of a business
2) made in regular course of business
3) the business routinely keeps records
4) record was made contemporaneously
