MBE test 1 Evidence

Question 1

IF a party destroys evidence what inferences are proper for a jury to infer?

Answer 1

That the evidence was adverse to the party’s case. Therefore can be asked about

Question 2

In a CIVIL trial what inference may be properly drawn by the jury if a Df invokes the 5th amendment?

Answer 2

An Adverse inference

Question 3

Does Rule 803(6) Records of a regularly conducted activity requiring a showing that the maker of the records be unavailable?

Answer 3

NO and if the answer includes that ITS WRONG

Question 4

Any conduct may be admitted against an adverse party

Answer 4

NO SUCH RULE EXISTS!

Question 5

When is a statement made by a party’s agent NOT Hearsay

Answer 5

When

• offered against a party opponent
• concerns a matter within the scope of employment
• made during the existence of the relationship

Question 6

When may the adverse party inspect a writing used to refresh witness memory?

Answer 6

• if used while testifying, YES

- if used before testifying: if the court determines justice requires it FRE612

Question 7

Prove the omission of an action by a record?

Answer 7

YES, if the act is one that would normally have been recorded in the regular business record if it occurred. FRE 803(7)

Question 8

for impeachment, must the declarant be given an opportunity to explain?

Answer 8

NO