Texas Evidence

Question 1

T/F: Texas Rule 407 bars the admission of subsequent remedial measures to prove negligence, culpable conduct, product defect, or a need for a warning or instruction.

Answer 1

True. But the exception is - evidence of any written notification of a product defect sent by a manufacturer to a purchaser is admissible to prove the existence of the defect. This differs from what I’d see on the MBE.

Question 2

A witness may be impeached with what types of crimes? How does this differ from the MBE?

Answer 2

In TX, a witness can be impeached for felonies and crimes of moral turpitude.

On the MBE, it’s felonies and any crime involving dishonesty or a false statement.

Question 3

T/F: For all types of convictions, the probative value must outweigh the prejudicial effect.

Answer 3

True.

Question 4

T/F: Texas Rules do not permit a witness to be impeached with a conviction that is pending on appeal.

Answer 4

True. This differs on the MBE.

Question 5

Witness testifies against Attorney’s client. Attorney wants to cast doubt on Witness’s credibility by bringing up Witness’s prior act of embezzlement. Witness was never convicted of the offense. Do the Texas Rules of Evidence permit Attorney to impeach Witness?

Answer 5

No.

Question 6

T/F: Under the Texas Rules of Evidence, a statement against interest by a declarant may be admitted as a hearsay exception even if the statement is against a social interest.

Answer 6

True. This differs on the MBE.

Question 7

In a civil case, the Texas Rules of Evidence provide that statements made during a deposition taken in the same case:

Answer 7

are not hearsay

Question 8

T/F: Texas allows cross-examination on all relevant matters, including credibility.

Answer 8

True.