MBE: EVIDENCE Adaptibar Questions Questions
and Correct Answers/ Latest Update / Already Graded
A defendant is tried for armed robbery of a bank. On cross-examination of the
defendant, the prosecutor asks him whether he was convicted of tax fraud the
previous year.
The question is
A: proper, to show that the defendant is inclined to lie
B: proper, to show that the defendant is inclined to steal money
C: improper, because the conviction has insufficient similarity to the crime
charged
D: improper, because the probative value of evidence is outweighed by the danger
of unfair prejudice
Ans: A: proper, to show that the defendant is inclined to lie
A plaintiff sued a defendant for battery. At trial, the plaintiff's witness testified that
the defendant had made an unprovoked attack on the plaintiff. On cross-
examination, the defendant asks the witness about a false claim that the witness
had once filed on an insurance policy.
The question is
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A: proper, because the conduct involved untruthfulness.
B: improper, because the conduct had not resulted in conviction of the witness.
C: improper, because the impeachment involved a specific instance of misconduct.
D: improper, because the claim form would be the best evidence.
Ans: A: proper, because the conduct involved untruthfulness.
A defendant was prosecuted for sexually abusing his 13-year-old stepdaughter.
The stepdaughter testified to the defendant's conduct. On cross-examination,
defense counsel asks the stepdaughter, "Isn't it true that shortly before you
complained that your stepfather abused you, he punished you for maliciously
ruining some of his phonograph records?"
The question is:
A: proper, because it relates to a possible motive for the stepdaughter to falsely
accuse the defendant.
B: proper, because the stepdaughter's misconduct is relevant to her character for
veracity.
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C: improper, because the incident had nothing to do with the stepdaughter's
truthfulness
D: improper, because it falls outside the scope of direct examination.
Ans: A: proper, because it relates to a possible motive for the stepdaughter to
falsely accuse the defendant.
In an automobile negligence action by a plaintiff against a defendant, a bystander
testified for the plaintiff. The defendant later called a witness, who testified that
the bystander's reputation for truthfulness was bad. On cross-examination of the
witness, the plaintiff's counsel asks, "Isn't it a fact that when you bought your new
car last year, you made a false affidavit to escape paying the sales tax?"
This question is:
A: proper, because it will indicate the witness's standard of judgment as to
reputation for truthfulness.
B: proper, because it bears on the witness's credibility.
C: improper, because character cannot be proved by specific instances of
conduct.
D: improper, because one cannot impeach an impeaching witness.
Ans: B: proper, because it bears on the witness's credibility.
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