EVIDENCE

Question 1

To be admissible, evidnece must be:

Answer 1

material, competent, and probative

Question 2

______ evidence relates to a fact of consequence to the determination of the action

Answer 2

Material

Question 3

Evidence is ________ if it contributes to proving or disproving a material issue.

Answer 3

probative

Question 4

Evidence is _________ if it does not violate an exclusionary rule.

Answer 4

competent

Question 5

Evidence that a plaintiff has filed similar tort claims in the past generally is admissible to show __________.

Answer 5

that the present claim is false, where the prior claims were also false

Question 6

What type of evidence can come only from someone with actual knowledge of a disputed fact by means of his senses?

Answer 6

Direct

Question 7

Under the Federal Rules, is a criminal defendant’s withdrawn guilty plea ever admissible as evidence?

Answer 7

No.

Question 8

Under the Federal Rules, a trial judge has broad discretion to exclude relevant evidence if its probative value is substantially outweighed by the danger of:

Answer 8

Unfair prejudice, confusion of the issues, misleading the jury, undue delay, waste of time, or cumulative evidence

Question 9

________, __________, and _________ are all factors in determining the relevance of evidence.

Answer 9

Materiality; probativeness; proximity in time to the events in question

Question 10

Under the Federal Rules, evidence of a defendant’s withdrawn guilty plea is __________ admissible in subsequent civil proceedings.

Answer 10

Never

Question 11

In a tort lawsuit, the defendant seeks to introduce evidence that the plaintiff has filed similar tort claims in the past, which were false. Is this evidence likely admissible?

Answer 11

Yes, to prove that the present calim is likely to be false.

Question 12

Evidence that one party to a lawsuit has liability insurance may be admissible:

Answer 12

To prove ownership or to impeach a witness. Not to show ability to pay a judgment.

Question 13

When is evidence considered competent?

Answer 13

When it does not violate any exclusionary rule

Question 14

Evidence of subsequent repairs to a product may be admissible to prove:

Answer 14

Ownership or control of the product.

Question 15

Evidence of subsequent repairs may be __________ to show __________.

Answer 15

Admissible; that a party destroyed evidence

Question 16

Evidence of a party’s liability insurance is inadmissible __________.

Answer 16

where offered to show the insured’s ability to pay a substantial judgment

Question 17

In determining relevance, the evidence’s __________ is not a factor.

Answer 17

form or manner

Question 18

A firm has an established business routine. What is this relevant to show?

Answer 18

That a particular event occurred

Question 19

Under the Federal Rules, admissions of fact made in the course of settlement negotiations are often inadmissible.
In order for this rule to apply:

Answer 19

There must be some indication that a party is going to make a disputed claim

Question 20

In a personal injury lawsuit where the plaintiff claims that he was injured after falling on the defendant’s slippery floor, the defendant seeks to introduce evidence that no one had ever slipped on his floor before.
What is this evidence most likely relevant to prove?

Answer 20

That the defendant lacked knowledge of any danger

Question 21

The custom of a particular industry is not admissible to __________.

Answer 21

show that a party likely acted in accordance with that custom on the occasion in question

Question 22

What is the custom of a particular industry admissible to show?

Answer 22

That a party’s actions adhered to or deviated from an industry-wide standard of care

Question 23

A criminal defendant wants to show that she is a peaceful person and unlikely to have committed the violent act of which she is accused.
She __________ call a witness to testify about __________.

Answer 23

may; the D’s reputation for peacefulness

Question 24

If a criminal defendant takes the stand and testifies, her __________ is automatically in issue.

Answer 24

credibility

Question 25

In a negligence case where the plaintiff alleges that the defendant driver ran a red light and hit her, testimony that the defendant invariably failed to stop at the particular stop sign in question is considered:

Answer 25

habit evidence

Question 26

In which of the following situations may the prosecution introduce evidence of the defendant’s bad character to establish she probably committed the crime charged?

Answer 26

Where the D first introduces evidence of her good character.

Question 27

In order for prior misconduct to be admissible, there must be:

Answer 27

Sufficient evidence to support a jury finding that the defendant committed the prior misconduct

Question 28

Character evidence is admissible in a civil case if __________.

Answer 28

character is directly in issue.

Question 29

If the defendant in a murder case pleads self-defense and introduces evidence that the victim was a violent person, the prosecution may:

Answer 29

Introduce testimony that the defendant has a reputation for violence

Question 30

Once a defendant in a __________ case puts her character in issue, the other party can rebut by calling witnesses to testify about the defendant’s reputation for the same character trait.

Answer 30

criminal (not civil)

Question 31

Prior misconduct evidence is inadmissible if the danger of unfair prejudice __________ the probative value.

Answer 31

substantially outweighs

Question 32

In a criminal rape case, the defense may introduce evidence of the alleged victim’s sexual behavior with a person other than the accused to:

Answer 32

Prove the source of semen, injury, or other physical evidence

Question 33

In a criminal case, the prosecution can call witnesses to testify about the defendant’s character for a particular trait to establish the defendant acted in conformity with that trait:

Answer 33

Only if the defendant has already put that particular character trait in issue

Question 34

A defendant wants to show that she is a peaceful person and unlikely to have committed the violent crime of which she is accused.
Which of the following are both permissible ways of introducing this evidence through a character witness?

Answer 34

Having the witness testify that the defendant has a reputation for peacefulness, or that he believes the defendant to be peaceful
(no specific acts)

Question 35

A defendant is charged with murdering a gang member. Evidence that prior to the murder, the defendant joined a rival gang known for selling drugs in the area may be admissible to prove:

Answer 35

motive

Question 36

Evidence of prior acts or crimes may be admissible to show motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake in __________.

Answer 36

either civil or criminal cases.

Question 37

A character witness testifies as to the defendant’s good character. The prosecution cross-examines the character witness regarding the defendant’s specific instances of misconduct.
If the witness denies knowledge of the defendant’s acts, when may the prosecution seek to prove them through extrinsic evidence?

Answer 37

Never, the prosecution is limited to inquiry on cross-examination

Question 38

In __________ cases involving sexual assault, evidence offered to prove the sexual disposition or behavior of the alleged victim is admissible if it is otherwise admissible under the Federal Rules and its probative value substantially outweighs the danger of harm to the victim and of unfair prejudice to any party.

Answer 38

Civil

Question 39

In a civil case, when character is directly in issue, that character may be proved by evidence in the form of:

Answer 39

Reputation, opinion, or specific acts

Question 40

__________ is a type of civil claim where character evidence may be admissible because character is often “directly in issue.”

Answer 40

Negligent hiring

Question 41

A character witness testifies as to the defendant’s good character. The prosecution then cross-examines the character witness regarding the defendant’s specific instances of misconduct.
If the witness denies knowledge of the defendant’s acts, the prosecution may __________ seek to prove those acts through extrinsic evidence.

Answer 41

Not

Question 42

In a civil case involving sexual assault, under what circumstances will evidence offered to prove the sexual disposition or behavior of the alleged victim be admissible?

Answer 42

If it is otherwise admissible under the Federal Rules and its probative value substantially outweighs the danger of harm to the victim and of unfair prejudice to any party

Question 43

Once a defendant in a __________ case puts her character in issue, the other party can rebut by calling witnesses to testify about the defendant’s reputation for the same character trait.

Answer 43

criminal

Question 44

In civil cases, evidence of an alleged victim’s sexual reputation is:

Answer 44

Admissible only if it has been placed in controversy by the victim

Question 45

In a criminal rape case, under what circumstances may the defense introduce evidence of the alleged victim’s sexual behavior with a person other than the accused?

Answer 45

To prove the source of semen, injury, or other physical evidence.

Question 46

In order for prior misconduct to be admissible, there must be:

Answer 46

Sufficient evidence to support a jury finding that the defendant committed the prior misconduct

Question 47

In any __________ proceeding involving alleged sexual misconduct, evidence offered to prove the sexual behavior or sexual disposition of the alleged victim is generally __________.

Answer 47

criminal or civil; inadmissible

Question 48

If a defendant in a criminal case puts her character in issue, which of the following is an impermissible method of rebutting defendant’s character evidence?

Answer 48

The prosecution asks the witness about a certain bad act committed by the defendant, and after the witness denies knowledge of it, the prosecution proves the bad act by extrinsic evidence.

*Can ask a witness about bad acts committed by D. Can also call new witness to testify about D’s repuation for trait involved.

Question 49

What legal phrase refers to a rule that requires that a particular inference be drawn from an ascertained set of facts?

Answer 49

Presumption

Question 50

The presumption of __________ is a common rebuttable presumption.

Answer 50

legitimacy

Question 51

In a dispute between the parties regarding whether a particular document was signed by the defendant, or by a forger, who decides this preliminary fact under the Federal Rules?

Answer 51

the jury.

Question 52

Under the Federal Rules, the ____ decides questions of relevancy of evidence, while the ______ decides questions of the competency of relevant evidence.

Answer 52

jury; judge

Question 53

If two or more conflicting presumptions arise, the _____, not the ______, shall apply the presumption that is founded on the weightier considerations of policy and logic.

Answer 53

judge; jury

Question 54

A _________ is a rule that requires that a particular inference be drawn from an ascertained set of facts. It is a form of substitute proof or evidentiary shortcut, in that proof of the __________ fact is rendered unnecessary once evidence has been introduced of the ________ fact that gives rise to the ____________.

Answer 54

presumption; presumed; basic; presumption

Question 55

A presumption is overcome or destroyed when the adversary_______________.

Answer 55

produces some evidence contradicting the presumed fact.

Question 56

The term “burden of proof” involves:

Answer 56

Both the burden of producing evidence and the burden of persuasion

Question 57

A party’s burden of __________ is the burden of introducing sufficient evidence to avoid judgment against her as a matter of law.

Answer 57

producing evidence

Question 58

The presumption of __________ is a common rebuttable presumption.

Answer 58

legitimacy

*Where legitimacy is in dispute, the law presumes that every person is legitimate. The mere fact of birth gives rise to the presumption. The presumption is destroyed by evidence of illegitimacy that is “clear and convincing.”

Question 59

A court will take judicial notice of the what facts?

Answer 59

1. Matters of common knowledge within the community, and

2. Matters easily verified by resorting to easily accessible, well-established sources

Question 60

A jury must accept as conclusive any fact judicially noticed __________.

Answer 60

In a civil case, but not in a criminal case

Question 61

The burden of ______________ is the burden of introducing sufficient evidence to avoid judgment against her as a matter of law.

Answer 61

producing evidence

*There must be enough evidence to create a fact question of the issue involved, so that the issue may appropriately reach the jury.

Question 62

If, after all the proof is in, the issue is equally balanced in the minds of the jury, then the _________________must lose.

Answer 62

party with the burden of persuasion

Question 63

Once a particular scientific test has become _____________, courts no longer require proof of the underlying basis of the test

Answer 63

sufficiently well-established

Question 64

A court may (but is not required to) take judicial notice of:

Answer 64

municipal ordinances

Question 65

True or False: Proof of the presumed fact is unnecessary once evidence has been introduced of the basic fact that gives rise to the presumption

Answer 65

True.

Question 66

In a dispute between the parties regarding whether a particular document was signed by the defendant, or by a forger, who decides this preliminary fact under the Federal Rules?

Answer 66

THe jury

Question 67

If two or more conflicting presumptions apply, the _______ decides which presumption to apply.

Answer 67

judge

Question 68

Permissible inference?

Where it is shown that a letter was properly addressed, stamped, and mailed, an inference arises that the letter has been delivered in the due course of mail.

Answer 68

Nope

Question 69

Permissible inference?

The intentional destruction or mutilation of relevant evidence may give rise to an inference that the destroyed evidence is unfavorable to the spoliator.

Answer 69

Yup.

Question 70

Permissible inference?

Where the attorney who drafted a will is its principal beneficiary to the exclusion of the natural objects of the testator’s bounty, an inference of undue influence may arise.

Answer 70

Yup.

Question 71

Permissible Inference?

An inference of negligence arises where the accident would not ordinarily occur without negligence by someone in the defendant’s position.

Answer 71

Yup–this is res ipsa loquitor.

Question 72

The standard of proof for authenticating a document is:

Answer 72

proof sufficient to support a jury finding of genuineness.

Question 73

Under the __________, if an agreement is reduced to writing with the intent that it embody the full and final expression of the bargain, that writing is the agreement and constitutes the only evidence of it.

Answer 73

parol evidence rule

Question 74

Under the best evidence rule, the term “original” includes:

Answer 74

Any copy intended by the person executing it to have the same effect as an original

Question 75

True or False?

In some circumstances, real evidence may be authenticated by a witness’s testimony that the object is what the proponent claims it is)

Answer 75

True.

Question 76

Under the Federal Rules of Evidence, the question of __________ must be submitted to the judge, rather than the jury.

Answer 76

Whether oral testimony regarding an original’s contents is admissible

Question 77

A witness testifies that she saw the defendant shoot the victim with a gun. The prosecution then introduces that gun into evidence. The gun is:

a. testimonial evidence
b. real evidence
c. documentary evidence

Answer 77

b. real evidence

Question 78

True or False?

A lay person cannot become familiar with a voice after litigation has begun if it is for the sole purpose of testifying.

Answer 78

False

Question 79

A voice, whether heard firsthand or through a device (e.g., a tape recording) may/ may not be identified by the opinion of anyone who has heard the voice at any time.

Answer 79

may

Question 80

Not all oral statements need to be authenticated; only where ___________________ is authentication required.

Answer 80

the identity of the speaker is important (e.g., admission by a party)

Question 81

Statements made during a telephone conversation may be authenticated by one of the parties to the call who testifies that the _____________________________.

Answer 81

speaker had knowledge of certain facts that only a particular person would have.

Question 82

If helpful in deciding a disputed issue in a case, the jury may be permitted to view the scene:

Answer 82

in civil or criminal cases

Question 83

Evidence in the form of a writing is known as:

Answer 83

documentary evidence

Question 84

Parol evidence is admissible when used to prove __________________.

Answer 84

that the contract is void or voidable.

Question 85

The best evidence rule __________ where the writing involved is a contract or deed or where the witness knows a given fact only from having read it in a document.

Answer 85

applies

Question 86

By definition, __________ evidence is a type of real evidence that has some connection with the real world event that is in question at the trial.

Answer 86

original

Question 87

___________ evidence is evidence proved as a basis for an inference that other facts are true.

Answer 87

circumstantial

Question 88

The best evidence rule ____________apply to facts such as birth, marriage, and death.

Answer 88

does not

*These facts may be proved orally, although certificates evidencing these facts are in existence. Where the fact to be proved has an existence independent of any writing (such as birth, marriage, or death), the best evidence rule does not apply.

Question 89

A writing may be authenticated by evidence that the party against whom the writing is offered has _____________________.

Answer 89

acted upon the writing as authentic.

Question 90

A document that is __________ does not require extrinsic evidence of authenticity as a condition to admissibility.

Answer 90

self-authenticating

Question 91

If a jury is permitted to view a scene at issue in a case, the trial judge:

Answer 91

usually need not be present.

Question 92

Before a writing can be admitted into evidence, it must be __________.

Answer 92

authenticated

Question 93

A writing __________ be authenticated by __________.

Answer 93

may; evidence that the party against whom it is offered has admitted its authenticity.

Question 94

If the condition of an object of real evidence is significant, the object must be shown to be in __________ condition at trial.

Answer 94

substantially the same

Question 95

A _______ is an example of a self-authenticating document.

Answer 95

Newspaper

(i) Certified copies of public records (an uncertified copy would not qualify);
(ii) Official publications (i.e., books, pamphlets, or other publications purporting to be issued by a public authority);
(iii) Printed materials purporting to be newspapers or periodicals;
(iv) Trade inscriptions, signs, tags, or labels purporting to have been affixed in the course of business and indicating ownership, control, or origin;
(v) Documents accompanied by a certificate of acknowledgment executed in the manner provided by law by a notary public or other officer authorized by law to take acknowledgments;
(vi) Commercial paper, signatures thereon, and documents relating thereto, to the extent provided by general commercial law; and
(vii) Business records certified as such by a custodian or other qualified person.

Question 96

Before a writing may be received in evidence, the writing must be authenticated by proof showing that the writing is __________.

Answer 96

what the proponent claims it is.

Question 97

Certified copies of public records, newspapers, periodicals, trade inscriptions, and business records certified as such by a custodian or other qualified person are all examples of __________.

Answer 97

self-authenticating documents

Question 98

The knife used by the defendant in an attempted murder case is an example of ______ evidence.

Answer 98

Original
*A similar knife would be circumstantial evidence and a drawing of the knife would be demonstrative evidence; neither would be considered original evidence.

Question 99

The best evidence rule does not apply where __________.

Answer 99

the fact to be proved has an existence independent of a writing

Question 100

A _________ of the original document would satisfy the best evidence rule without any need for explanation.

Answer 100

photocopy.

Question 101

Under the best evidence rule an “original” means not only the writing or recording itself, but also a __________ intended by the person executing it to have the same effect as an original.

Answer 101

copy

Question 102

On cross-examination, questions that __________ are __________.

Answer 102

are leading; allowed

Question 103

Generally, a witness may be deemed incompetent to testify if he __________.

Answer 103

has no recollection of the matter

Question 104

A memorandum used by a party at trial to refresh a witness’s present recollection:

Answer 104

need not be authenticated

*The writing is intended to help the witness to recall by jogging her memory, but the witness usually may not read from the writing while testifying. The memorandum is not introduced into evidence by the party using it to refresh the witness’s recollection (although it may be introduced by the adverse party).

Question 105

True/ false

An expert’s opinion may be based on evidence introduced at the trial and communicated to the expert by counsel

Answer 105

True

Question 106

Which of the following objections to deposition testimony may validly be made after the deposition?

a. objection as to relevance
b. objection to leading question
c. objection based on testimonial privilege
d. objection to compound quesiton

Answer 106

a. objection as to relevance.
Objections going to the substance of a question or answer (e.g., relevance, hearsay) can be postponed until the deposition is offered in evidence.

Question 107

Dead Man Acts generally provide that a person or party interested in the event is incompetent to testify to a personal transaction or communication with:

Answer 107

The deceased, when offered against the representative or successors in interest of the deceased

Question 108

How old must a witness be in order to be deemed competent to testify?

Answer 108

There is no precise age. Trick question!

Question 109

Under the Federal Rules, opinion testimony by lay witnesses is permissible if it is rationally based on the perception of the witness, as well as:

Answer 109

Helpful to a clear understanding of her testimony or to the determination of a fact in issue, and not based on scientific, technical, or other specialized knowledge

Question 110

If a party objects to hearsay, and the court sustains the objection, the ruling will be upheld on appeal:

Answer 110

Only if the ground stated is the correct one, not if there was any valid ground for the objection.

Question 111

A ________ (lay/expert) witness may base his opinion on facts not known personally but supplied to him outiside the courtroom and such facts _______ (need/need not) be admitted in evidence.

Answer 111

expert; need not

Question 112

An objection may be either general (“I object”) or specific (“Objection, relevance”). If a specific objection is sustained, the ruling will be:

Answer 112

Upheld on appeal only if the ground stated was the correct one

Question 113

Under most Dead Man Acts, a person with a pecuniary interest in the outcome of the litigation is:

Answer 113

incompetent to testify

Question 114

At trial, what is the result when a party uses portions of a memorandum to refresh the recollection of a witness on the stand?

Answer 114

The adverse party may introduce these portions of the memorandum into evidence

Question 115

If a witness is ___________, the judge may allow leading questions on direct examination.

Answer 115

Hostile

Question 116

May a lay witness testify that she recognizes a document as being written in the defendant’s handwriting?

Answer 116

Yes, but only if a foundation is laid

Question 117

If a __________ objection is sustained, the ruling will be upheld on appeal if __________.

Answer 117

Specific; the ground stated was the correct one

Question 118

A ________ (lay/expert) witness may base his opinion on facts not known personally but supplied to him outiside the courtroom and such facts _______ (need/need not) be admitted in evidence.

Answer 118

expert; need not

Question 119

An objection may be either general (“I object”) or specific (“Objection, relevance”). If a specific objection is sustained, the ruling will be:

Answer 119

Upheld on appeal only if the ground stated was the correct one

Question 120

Under most Dead Man Acts, a person with a pecuniary interest in the outcome of the litigation is:

Answer 120

incompetent to testify

Question 121

At trial, what is the result when a party uses portions of a memorandum to refresh the recollection of a witness on the stand?

Answer 121

The adverse party may introduce these portions of the memorandum into evidence

Question 122

If a witness is ___________, the judge may allow leading questions on direct examination.

Answer 122

Hostile

Question 123

May a lay witness testify that she recognizes a document as being written in the defendant’s handwriting?

Answer 123

Yes, but only if a foundation is laid

Question 124

If a __________ objection is sustained, the ruling will be upheld on appeal if __________.

Answer 124

Specific; the ground stated was the correct one

Question 125

Under the Federal Rules, an expert witness __________ opine on a(n) __________ in a case.

Answer 125

may; ultimate issue

Question 126

A prior felony conviction not involving dishonesty is admissible against a criminal defendant if what standard is met?

Answer 126

The probative value outweighs the prejudicial effect

Question 127

Impeachment of a witness is primarily concerned with:

Answer 127

Attacking the witness’s credibility

Question 128

True or false: Extrinsic evidence of prior bad acts is permissible where the witness on cross-examination denies committing the bad act.

Answer 128

False.

Question 129

A court may disallow use of a recent prior conviction involving dishonesty as impeachment evidence:

Answer 129

Under no circumstances. No balancing test for prior conviction involving lying.

Question 130

Under the Federal Rules, __________ may impeach a witness.

which party?

Answer 130

any party

Question 131

True or false: An unavailable hearsay declarant may be impeached by evidence that would be admissible if the declarant had testified as a witness.

Answer 131

True.

There is no requirement that a declarant must be present at trial to be impeached. If the declarant is impeached with evidence of her prior inconsistent statement, the foundational requirement that she must explain or deny her statement does not apply. Furthermore, where the declarant’s credibility is impeached, it may also be rehabilitated.

Question 132

Extrinsic evidence is always permitted to show a witness’s __________, and there are no foundational requirements.

Answer 132

prior criminal conviction

Question 133

Under the Federal Rules, a party cannot impeach a witness by showing that the witness has __________.

Answer 133

a violent disposition, e.g.

Question 134

Generally, a party may not bolster the credibility of her own witness unless the witness has already been impeached. The two exceptions to this rule are when the bolstering is relevant to show:

Answer 134

Timely complaint; prior identification

Question 135

May a prior conviction be used to impeach a witness, even if the witness is currently appealing the conviction?

Answer 135

Yup.

Question 136

When impeaching a witness with extrinsic evidence of bias, that evidence _____ (need/ need not) be substantively admissible in order to be admitted for impeachment purposes.

Answer 136

need not

Question 137

Extrinsic evidence may be used to prove up a prior inconsistent statement if the statement:

Answer 137

Is directly relevant to the issues in the case

*It is not enough that the prior inconsistent statement cast doubt on the witness’s credibility, i.e., it cannot be about a collateral matter.

Question 138

Under the Federal Rules, a conviction is usually too remote to be admissible as impeachment evidence, if more than __________ years have passed since the date of conviction or release from confinement.

Answer 138

10

Question 139

Under the Federal Rules, a party may impeach a witness __________.

Answer 139

even if he called the witness himself.

Question 140

Under what circumstances do the Federal Rules permit cross-examination of a witness about a prior act of misconduct?

Answer 140

Only where the act is probative of truthfulness.

Question 141

Before a prior inconsistent statement can be proved by extrinsic evidence, two requirements must be met. They are:

Answer 141

foundation; relevance

Question 142

True or False?: A party is not permitted to show that a witness’s bias is justified

Answer 142

True.

Question 143

Under the Federal Rules, there are no foundational requirements for impeaching a witness by admitting proof of her __________ by extrinsic evidence.

Answer 143

prior criminal conviction

Question 144

Prior statements by a witness that are consistent with the witness’s testimony at trial are sometimes used to rehabilitate a witness who has been impeached.
A party may rehabilitate his witness by introducing a prior consistent statement where __________.

Answer 144

another party has impeached the witness by charging that the witness is lying because of some motive, and the prior consistent statement was made before that motive existed

Question 145

To impeach a criminal accused with his prior felony conviction that did not involve dishonesty or a false statement, the government must show that __________.

Answer 145

the conviction’s probative value as impeachment evidence outweighs its prejudicial effect

Question 146

In order to impeach __________ with a felony conviction not involving dishonesty, the government must show that the conviction’s probative value outweighs its prejudicial effect.

Answer 146

the accused in a criminal case