Evidence MCQ

Question 1

qualified to offer expert opinion testimony

Answer 1

Whether a witness is qualified to offer expert opinion testimony is a preliminary question for the court—not the jury. The court is not bound by the rules of evidence when determining such questions.

Question 2

Questions about specific acts

Answer 2

Questions about specific acts committed by the defendant are permitted because knowledge (or lack thereof) of the defendant’s past behavior goes to the witness’s credibility. But such questions must be asked by the prosecution in good faith. This means that questions based on a hunch will not suffice—even when the hunch proves accurate.

Question 3

criminal defendant’s prior crimes or bad acts

Answer 3

Evidence of a criminal defendant’s prior crimes or bad acts may be admissible for relevant, noncharacter purposes (i.e., MIMIC evidence). However, this and other relevant evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice.

Question 3

impeached with evidence of a prior conviction for a crime involving dishonesty

Answer 3

Any witness can be impeached with evidence of a prior conviction for a crime involving dishonesty (e.g., embezzlement) if the conviction occurred within the previous 10 years.

Question 4

handwriting

Answer 4

A lay witness with personal knowledge of a claimed author’s handwriting may testify as to whether a document is in that person’s handwriting. However, the lay witness must not have become familiar with the handwriting for the purpose of the current litigation

Question 5

remedial measure

Answer 5

Evidence of a remedial measure is inadmissible if it was undertaken by the defendant after the plaintiff was injured. A remedial measure undertaken before the plaintiff was injured is not subject to exclusion.

Question 6

prior statement that identifies

Answer 6

A declarant’s prior statement that identifies a person as someone the declarant perceived earlier is nonhearsay if the declarant testifies and is subject to cross-examination about the statement.

Question 7

prior inconsistent statement

Answer 7

A prior inconsistent statement is admissible nonhearsay if (1) it was given under penalty of perjury at a trial, hearing, deposition, or other proceeding and (2) the declarant testifies and is subject to cross-examination. It can also be introduced extrinsically for impeachment purposes if the witness has the opportunity to explain or deny, and the adverse party can examine the witness about the statement.

Question 8

testimonial

Answer 8

A statement that is made for the primary purpose of ascertaining past criminal conduct is testimonial.

Question 9

not testimonial

Answer 9

a statement made primarily to enable police to render aid to meet an ongoing emergency is not testimonial.

Question 10

juvenile conviction

Answer 10

Evidence of a juvenile conviction is never admissible in a civil case to attack a witness’s character for truthfulness.

Question 11

best evidence rule

Answer 11

The best evidence rule requires production of an original or reliable duplicate of a document when its contents are at issue—i.e., when (1) the document is used to prove the happening of an event, (2) the document has a legal effect, or (3) the witness is testifying based on facts learned from the document.

Question 12

best evidence rule

Answer 12

The best evidence rule generally requires that an original recording, writing, or photograph be produced to prove its contents. However, real or physical evidence is not subject to this rule.

Question 13

juror testimony

Answer 13

Posttrial juror testimony is admissible if it concerns (1) extraneous prejudicial information brought to the jury’s attention, (2) an outside influence improperly brought to bear on a juror, or (3) a mistake made in entering the verdict onto the verdict form.

Question 14

defendant’s statements during plea negotiations

Answer 14

A defendant’s statements during plea negotiations are generally inadmissible against the defendant. However, a defendant may waive this protection if the waiver is made knowingly and voluntarily.

Question 15

prior inconsistent statement

Answer 15

A prior inconsistent statement is admissible nonhearsay if (1) it was given under penalty of perjury at a trial, hearing, deposition, or other proceeding and (2) the declarant testifies and is subject to cross-examination. It can also be introduced extrinsically for impeachment purposes if the witness has the opportunity to explain or deny, and the adverse party can examine the witness about, the statement.

Question 16

impeached with a prior criminal conviction

Answer 16

Convictions for felonies not involving dishonesty that are no more than 10 years old are admissible against a civil witness unless the party opposing the introduction of the conviction shows that its probative value is substantially outweighed by its prejudicial effect.

Question 17

photograph is authenticated by…

Answer 17

A photograph is authenticated by having a witness with personal knowledge of the thing depicted testify that the photograph fairly and accurately depicts that thing.

Question 18

Authenticating an item of evidence that is a physical representation of something that could not otherwise be seen requires proof that…

Answer 18

(1) the process for creating the evidence was accurate, (2) the machine that produced the evidence was working properly, and (3) the operator of the machine was qualified to operate it.

Question 19

When the relevance of evidence depends on whether a fact exists…

Answer 19

When the relevance of evidence depends on whether a fact exists, proof must be introduced to allow the court to determine whether the jury could reasonably find the conditional fact by a preponderance of the evidence. However, the court may admit the proposed evidence on the condition that such proof be introduced later.

Question 20

determining admissibility

Answer 20

A judge must determine the admissibility of evidence and can consider any relevant evidence—even if it is otherwise inadmissible—to do so. But the jury must decide the weight and credibility of the admitted evidence.

Question 21

Compromise offers

Answer 21

Compromise offers (and acceptances), as well as conduct or statements made during compromise negotiations, are generally inadmissible to (1) prove or disprove the validity or amount of a disputed claim or (2) impeach by a prior inconsistent statement or contradiction.

Question 22

crime involves dishonesty or false statement

Answer 22

A crime involves dishonesty or false statement if establishing the elements of the crime requires proof or admission of an act of dishonesty or false statement.

Question 23

hearsay declarant’s credibility

Answer 23

A hearsay declarant’s credibility may be attacked using any method allowed to impeach a testifying witness, including offering evidence of the declarant’s inconsistent statement. But that statement may not be used as substantive evidence unless it is also excepted or excluded from the hearsay rule.

Question 24

learned treatise

Answer 24

Statements in a learned treatise, periodical, or pamphlet are excepted from hearsay and can be read into evidence if (1) the statements are called to the attention of or relied on by an expert witness during examination and (2) the publication is established as a reliable authority by a party’s expert or judicial notice.

Question 25

absence of public records

Answer 25

Under the hearsay exception for absence of public records, testimony by a public official that a diligent search failed to disclose a public record is admissible to prove that (1) the record does not exist or (2) a matter did not occur—if the public office regularly kept records for a matter of that kind.

Question 26

jury determination

Answer 26

The court determines whether a party has fulfilled the factual conditions to admit other evidence to prove the content of a document. But in a jury trial, the jury determines any issue of whether (1) an asserted document ever existed, (2) another document is the original, or (3) other evidence of content accurately reflects the content.

Question 27

Evidence of liability insurance

Answer 27

Evidence of liability insurance or the lack thereof is inadmissible to prove negligence or wrongdoing. But a court may admit such evidence for another purpose, such as to impeach a witness with evidence of self-interest, bias, or prejudice.

Question 28

juvenile adjudications

Answer 28

Evidence of juvenile adjudications is not admissible in civil cases. The court may occasionally permit evidence of a juvenile adjudication of a witness other than the accused under certain circumstances, but only in a criminal trial.