MBE EVI

Question 1

When is the only time that a felony can be used to impeach a criminal DEF ?

When may a felony be used to impeach a witness in a criminal trial generally?

Answer 1

When the probative value outweighs the danger of unfair prejudice

Whenever if under 10 years old - and if over 10 years old then same exception as above + proponent gives adverse P RSB notice IW

Question 2

Can a juror be a witness?
Can the judge be a witness?

Answer 2

Yes (but outside the presence of other jurors and OC must be given opp to object on the record

No ❌

Question 3

Can a juror testify after trial regarding the validity of a verdict?
Regarding the validity of a grand jury indictment?

Answer 3

No ❌ if it involves statements/incidents DURING DELIBERATIONS, EFFECT for a juror vote, or any mental processes concerning verdict
^^^same
Testifying about prejudice, outside influence or mistakes on V form = OK (but no mistakes about consequences on a V that was already agreed upon)

Question 4

What is a dead man’s statute in evidence?

Answer 4

A person with a financial interest in the civil outcome of a case where the estate is a P, may be disqualified as a W unless waiver (includes predecessors)

Question 5

3 situations where psychotherapist - patient confidentiality is inapplicable?

Does the psychotherapist - patient confidentiality include social workers?

Answer 5

1. When Pt’s mental condition @ issue
2. Result of a ct ordered exam
3. Commitment pro again Pt

Yes ✅ (ALA licensed)

Question 6

May a witness use a writing that someone else made in their presence to use on the stand for “recollection recorded” ?

Answer 6

Yes ✅
Ex. Statement recorded in police record by a different officer