MBE Evidence Practice Exam

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• Which four statements best describe the admissibility of a party's prior inconsistent statement used for substantive evidence if it was not given under oath?
• Under the business records exception, a memorandum or record of a regularly conducted activity is admissible when which conditions are met?
• In a civil defamation case, is evidence of the plaintiff's character admissible to prove that the plaintiff acted in conformity with that character on a particular occasion?
• The party seeks to admit a government report of a scientific test that was not peer-reviewed; Is this admissible?
• Under FRE 804(b)(3), are declarations against interest admissible if the declarant is unavailable?
• During trial, the defendant's statement to police that he shoved the victim is offered by the prosecution. How is this statement classified?
• In a federal diversity action, when a state presumption regarding missing persons (e.g., irrebuttable presumption of death after being missing for seven years) resolves an issue, which law governs the effect of that presumption?
• Who decides preliminary questions regarding the admissibility of evidence, privilege existence, and witness qualifications in a criminal trial?
• A witness testifies to a crucial fact but refuses to answer questions that might incriminate them; May the court compel testimony?
• The teller's grand jury testimony is used in a robbery case to connect the defendant to the crime. Which statement about testimonial statements is correct?
• After a collision, evidence of subsequent remedial measures (e.g., brake repairs) is offered. How does FRE 407 affect admissibility?
• May a witness's affiliation with a church be used to impeach credibility when the church is a party to the case?
• Under FRE 403, would a photograph of the defendant’s blood-stained shirt offered to prove guilt in a robbery be admissible?
• When a witness testifies inconsistently with a prior statement, the use of extrinsic evidence to prove the prior statement is governed by Rule 613. Which is correct?
• Deliberations notes; main policy behind not admitting is to protect jury independence.
• A court may permit a physician to testify about diagnostic test results without revealing patient-identifying information if the data are de-identified or sufficiently anonymized.
• The government seeks to admit a prior inconsistent statement made by the defendant; is this admissible to impeach the defendant?
• In a criminal trial where the defendant claims self-defense after a bar fight, which type of evidence about the defendant's character for peacefulness is admissible to support self-defense?
• In a self-defense context, which testimony about the plaintiff's or victim's character is typically admissible to support the defense?
• Which statement is correct about judicial notice of common knowledge facts?
• A lay witness testifies that the driver is a safe driver. Under the rules, this opinion is admissible if it is:
• Evidence of a prior act five years earlier to demonstrate a propensity to commit a crime is generally inadmissible.
• Under FRE 803(5), how may a contemporaneous memorandum of a witness's memory be handled at trial?
• In a contract dispute, a party seeks to prove the contents of a written contract without introducing the writing itself. Under the Best Evidence Rule, which is correct?
• On cross-examination, a witness may be asked about specific instances of conduct if it is probative of truthfulness. Which statement is correct regarding extrinsic evidence?
• When a hearsay statement is admitted into evidence, can the declarant's credibility be attacked by evidence that would be admissible if the declarant testified?
• A party seeks to admit a witness’s reputation for truthfulness in the community; Is this admissible under FRE 608(a)?
• Under the best evidence rule, a three-dimensional model is considered real physical evidence and is not subject to the rule.
• A business-records entry made in the regular course of business is offered; the custodian lacks personal knowledge but testifies to the process used to compile the records. Is the entry admissible under FRE 803(6)?
• An expert testifies to the ultimate issue in a criminal case; Is this allowed under FRE 704(a)?
• A lay witness testifies that the defendant appeared calm during the incident. This testimony is admissible if:
• A party offers evidence that a witness lied in a prior trial; Is this permitted as a prior inconsistent statement under FRE 613?
• Which of the following elements is necessary for the business-record exception to apply?
• Under FRE 804(b)(2), a dying declaration is admissible in a homicide case if the declarant:
• A driver tells a bystander the brake issue; The plaintiff sues; Is the driver's statement admissible as a vicarious admission under the company's liability?
• A juror’s exclusive reliance on a note created during deliberations is sought to be admitted; Is this permitted?
• Under FRE 702, reliability must be shown by Daubert or the governing standard; which statement is accurate?
• A witness testifies to a fact; the opposing party seeks to introduce evidence of the witness’s bias against the party. Is bias admissible under FRE 607-609?
• Under FRE 502, does inadvertent disclosure of privileged material necessarily waive the privilege?
• Which of the following best authenticates a document under FRE 901?
• If a party discloses privileged communications inadvertently, does this waive the privilege under FRE 502?
• On direct examination, the prosecution seeks to admit evidence of a prior act to prove character. Which is the proper understanding?
• A learned treatise article is cited by an expert on cross-examination. Can this treatise be used to support the expert’s opinion under FRE 703?
• In a probate proceeding involving a holographic will, the photocopy of the will is admissible as a duplicate.
• A psychiatrist testifies that the defendant lacked the specific mental state to commit burglary. Under the rules, is such testimony admissible?
• Which of the following correctly lists the four elements of the recorded recollection exception to hearsay?
• A witness identifies the defendant in court, based on a prior out-of-court identification. Is this identification admissible as non-hearsay under FRE 801(d)(1)(C)?
• Which statement about the scope of the attorney work product doctrine is true?
• Prior inconsistent testimony given under oath may be used for impeachment and as substantive evidence.
• To admit a writing as past recollection recorded, what must be shown?
• A confession obtained during custodial interrogation without Miranda warnings; is this admissible?
• After a key witness becomes unavailable, may a friend testify about bias and reputation to impeach the witness?
• The party asserts that a document’s handwriting matches the defendant’s; Is this authentication acceptable under FRE 901?
• In a larceny trial, after the defendant calls a character witness to testify about his honesty, the prosecutor seeks to introduce the defendant's former employer's testimony that the defendant lied on a job application. How should the court rule?
• If a duplicate original is offered to prove the contents of a contract and the original is lost, are duplicates admissible under FRE 1003?
• Which item is most clearly a self-authenticating document under the rules?
• Under FRE 613, may prior inconsistent statements be used to impeach credibility if properly introduced?
• Which statement best describes the dying-declaration rule as it relates to imminent death and the cause or circumstances of death?
• The contract's original is lost; the party offers secondary evidence to prove contents under FRE 1004. Is this proper?
• Under FRE 608, is a witness's own statement about an intimate relationship admissible to prove truthfulness?
• On cross-examination, a witness's underreporting income on tax forms may be questioned, but extrinsic evidence to prove the underreporting is not admissible.
• A trial court must decide whether an expert’s opinion is admissible; the expert’s methods must be shown to be reliable under Daubert or the governing standard. Is this required under FRE 702?
• In attorney-client privilege, if a client shows a letter to a non-attorney third party before sending it to the attorney, the privilege is likely:
• A civil case involves a defendant’s character trait for truthfulness; Is character evidence about truthfulness admissible in civil cases to prove conduct?
• On cross-examination, may a prosecutor ask a witness whether she has ever been arrested for writing bad checks?
• A party offers a recording of a conversation. Under the Best Evidence Rule, when may the recording be admitted as the original?
• Does journalist-source privilege apply similarly to attorney-client privilege, and is it universally codified in the FRE?
• If a witness’s testimony would be probative of a necessary element but is irrelevant under FRE 401, is it admissible?
• Which item is self-authenticating and does not require extrinsic evidence of authenticity?
• On cross-examination, may a party question a witness about prior bad acts to show untruthfulness?
• Which statement best describes the admissibility of bias evidence against a witness under FRE 607-609?
• Which statement about evidence of subsequent remedial measures is correct?
• If a claimant contends the original holographic will is invalid for reasons beyond authenticity, why might a photocopy still be admissible?
• Evidence that a driver stops at a stop sign all the time, testified by a coworker, can be used to prove that the driver stopped at the stop sign on the day of the accident as habit evidence. Which statement is correct?
• A handwriting exemplar; the original is not available; is a certified copy admissible to prove authorship?
• A bystander tells an officer 'He just tried to take it, that hooligan in the red jacket! He had a gun!' and another officer repeats the description. The statements fall under which hearsay exception?
• A lay witness testifies to a complex technical matter; Is this permissible under FRE 701 if the testimony is rationally based on perception and helpful to understanding?
• A lay witness testifies to whether it was raining; May testify about weather conditions as a common sense impression.
• Is physician-patient privilege recognized to protect the confidentiality of communications between patient and physician?
• A witness's sister testifies that she told the defendant that the wife was not home. The sister's statement is offered for the truth of the matter asserted. Is it admissible?
• In a jurisdiction with a rebuttable presumption that a person missing for more than seven years is dead, which statement about burdens is correct?
• In a dying declaration, which condition is required?
• Under the past recollection recorded rule, a witness may read a contemporaneous memorandum into evidence if which condition is met?
• Which rule permits a lay witness to testify about perceptions to help the jury understand a technical issue?
• Which statement about habit evidence is true?
• Under FRE 901, authentication can be established by which of the following?
• On cross-examination, a witness may be asked about specific instances of conduct to impeach truthfulness; if the witness denies the instance, may extrinsic evidence be used to prove it?
• The spousal privilege includes that confidential communications between spouses may be privileged.
• A party seeks to admit a document under the residual exception, FRE 807, because no other hearsay exception applies. Is this allowed?
• In a possession of drugs case, the government offers a prior cocaine purchase to impeach the defendant's testimony that he would never possess drugs. What is the impeachment basis?
• What is required to admit a summary under FRE 1006?
• A witness testifies inconsistently at trial with a prior sworn deposition; the prior inconsistent statement is offered to impeach the witness. Is the prior statement admissible for impeachment under FRE 613?
• Under the confidential marital communications privilege, who may claim the privilege?
• In a breach-of-contract case, the defendant sends an email stating 'I breached the contract.' Is this email admissible as a party admission under FRE 801(d)(2)?
• Which type of document is specifically protected by the attorney work product doctrine?
• Under FRE 804(b)(1), former testimony is admissible if the declarant is unavailable and the party had an opportunity to examine.
• A nurse’s note documenting a patient’s symptoms is offered for treatment purposes. Is it admissible under FRE 803(4)?
• Attorney-client privilege generally protects communications made for the purpose of seeking or receiving legal advice, with limited exceptions.
• Under FRE 803(7), a record of a missing building permit is offered to prove that a permit was not issued. Is absence of a record admissible?
• A test subject’s prior testimony is offered to prove the test subject’s credibility; Is this allowed?
• In federal court, what is true about the spousal witness privilege?
• A cross-examining expert cites a learned treatise. Under FRE 703, the treatise may be used to support the expert’s opinion if which condition is met?
• A defendant is accused of theft and an anonymous letter is found; the supervisor testifies that the letter is in the defendant's handwriting. The letter is admissible as what?
• Under FRE 610, may extrinsic evidence be used to show bias of a witness?
• A court-appointed expert testifies about a topic outside their field. Is the expert’s testimony admissible?
• A defendant’s prior conviction for a crime involving dishonesty is offered to impeach the defendant's credibility; Is FRE 609 applicable?
• Under Daubert, what matters most for the admissibility of scientific evidence?
• Under FRE 1006, which condition allows admission of a summary of voluminous writings?
• Under FRE 804(b)(1), former testimony may be admissible if the declarant is unavailable and the party had an opportunity to examine; which statement is true?
• Can a party introduce extrinsic evidence of a witness's specific past conduct to attack credibility?
• When are leading questions permissible under FRE 611?
• A notarized document over 20 years old is offered to prove its contents. Is it admissible under FRE 803(16) as an ancient document?
• Which statement correctly describes the use of de-identified information for testimony by a physician?
• Under FRE 404(b), which is a permissible purpose for admitting prior acts?
• A statement by a declarant describing the declarant's present intent to commit violence is admitted to prove what?
• Evidence of a settlement offer, including acceptance, is not admissible to establish the validity of a claim or the amount of damages. Which of the following is true?
• Is a juror’s testimony about jury deliberations allowed under FRE 606?
• In a criminal case, the witness-spouse holds spousal immunity and may choose to testify but cannot be compelled. Which statement is correct?
• An ancient-document exception requires the document to be old and trustworthy. Which statement best summarizes this requirement?
• Under FRE 608, may credibility be attacked by a witness's prior bad acts on cross-examination, with extrinsic evidence allowed?
• A witness testifies; the opposing party seeks to introduce the witness's prior inconsistent statement; Extrinsic evidence is admissible only if the witness is given an opportunity to explain or deny.
• Under FRE 201, may a court take judicial notice of a fact that is generally known or easily verifiable?
• A bystander testifies that he heard the defendant's wife loudly exclaim immediately after the collision, 'The light was red! I can't be'. May this bystander testimony be admitted?
• A statement by a patient describing pain and emotional state is offered to prove mental state; Is it admissible under FRE 803(3)?
• When a document’s genuineness is disputed, what is the default requirement to admit it?
• Statements describing a patient's pain and emotional state are admissible to prove mental state under FRE 803(3) if they describe then-existing condition.
• Under the Federal Rules of Evidence, statements made by a defendant during plea negotiations are generally inadmissible. How may they become admissible at trial?
• In a medical malpractice case, the patient testified in a prior trial but died; The defense seeks to admit the prior testimony as former testimony. Is this admissible given the insurer is not a predecessor in interest?
• In a civil case, a statement in a police report made by a party to the case about the incident is admissible as which type of statement?
• A witness prepared notes after a meeting to remember the details in a securities fraud case. The notes are offered to prove the truth of the matter stated. Which statement is correct?
• Three sets of exhibits include certified copies of public records, trade inscriptions, and business records. For self-authenticating documents, which item requires advance notice to challenge the record?
• If authenticity of a document is stipulated before trial, what is the effect?
• May a court admit a summary of a voluminous statistical dataset under FRE 1006?
• A witness testifies that a particular behavior is a habit of the defendant; Is this admissible under FRE 406?
• Self-authenticating documents; What is true?
• The party seeks to admit a 'last will and testament' as a contract; Is this admissible?
• Under the rule of an admission by party opponent, when is a party's statement not hearsay?
• Which circumstance would prevent a landscape contractor's invoice from constituting a vicarious admission by the homeowner?
• Under the rules governing judicial notice, when may a court take judicial notice of a fact?
• Under FRE 901, what is a recognized method to establish the authenticity of handwriting?
• Which item is not subject to the best evidence rule?
• A brief diary entry kept by a store employee showing daily sales; it is a regular entry in the store's books. Is it admissible under FRE 803(6)?
• A party offers a prior written statement of a witness to show bias; Is this admissible under FRE 610?
• Under FRE 1004, if the original is unavailable, secondary evidence may be admitted under specific conditions.
• Under FRE 703, may an expert rely on information provided by a patient even if it is not independently verified?
• Which statement about the original-document rule is correct?
• Which statement best describes the attorney work product doctrine?
• Is it proper for the court to take judicial notice of a fact that is common knowledge?
• The parties stipulate to the authenticity of a document to speed up the trial; Is authentication required for admission?
• A police report stating the suspect was seen fleeing the scene is offered. Is it admissible under FRE 803(8) as a public-records exception?
• Are policy memoranda prepared by counsel for trial strategy protected by the attorney work product doctrine?
• Which statement best describes the admissibility of evidence that is not relevant except for proving a necessary element?
• When can silence after an accusation be treated as an adoptive admission?
• Under FRE 410, which statement about statements made during plea negotiations is true?
• On cross-examination, may a party ask about a witness's prior arrests to impeach honesty if the acts were not proven crimes?
• An expert bases an opinion on data that is hearsay; May the expert rely on hearsay under FRE 703?
• In a criminal case, may the defendant’s attorney ask the jury to consider the defendant’s good reputation for truthfulness to prove credibility under FRE 608(a)?
• In impeachment, bias may be shown by extrinsic evidence.
• Under the attorney-client privilege, which statement is correct?
• In a case involving illegal possession of a firearm, may extrinsic evidence be admitted to impeach a collateral issue such as who fired first?
• Evidence of a defendant’s prior speeding tickets to prove negligence in the current crash is offered. Is it admissible under FRE 404(a)?
• Under FRE 1003, duplicates are admissible unless a genuine issue is raised about authenticity or control.
• Can a third party use a settlement agreement between two adversaries to prove the amount of an unsettled claim when there are more than two parties?
• Does the dead man's statute affect the admissibility of a photocopy of a testator's holographic will in a probate proceeding?
• In a case involving a charged co-conspirator, who must decide the admissibility of the co-conspirator's confession before the jury weighs it?
• Under FRE 607-609, is evidence of a witness's bias admissible when the witness testifies for the opposing party?
• Which statement best describes the residual exception under FRE 807?
• Authentication of an X-ray image requires that which of the following be shown?
• A witness testifies about the sensory perceptions of another person present; Is this allowed under FRE 602?
• Which statement about habit evidence (FRE 406) is true?
• Under FRE 611, leading questions are permissible in which circumstance?
• In criminal cases, the spousal immunity generally prevents one spouse from testifying against the other; communications between spouses may also be privileged.
• In a civil sexual-harassment action, may evidence that the plaintiff previously had a sexual relationship be admitted to show predisposition?
• In evaluating an expert's hypothetical question, which statement best describes its relevance if the hypothetical omits a key fact affecting the issue?
• If a witness cannot recall a matter but has a contemporaneous record, the record may be used under the past recollection recorded rule if which condition is satisfied?
• In a criminal case, may a defendant introduce evidence of his own past peaceful acts to prove he acted in a non-violent manner on the night in question?
• Under FRE 701, a party seeks to use a witness’s observation of a layperson’s technical skill. Is this permissible?
• A plaintiff seeks to introduce a statement by the defendant, 'I meant to shoot at the plaintiff,' to prove the defendant's intent. Is it admissible?
• FRE 610 prohibits using a witness's religious beliefs to attack or bolster credibility; Is a question about belief admissible to impeach?
• A witness testifies to a fact, and later a prior sworn statement by the same witness supports that testimony; the prior statement is admitted to rehabilitate credibility. Is this allowed under FRE 801(d)(1)(B)?
• Evidence of prior acts to show motive or plan is allowed under Rule 404(b). Which purpose is permissible?
• A party offers a summary of a voluminous set of writings. Is this admissible under FRE 1006?
• In federal court, a defendant inadvertently produced a report prepared by an investigator in anticipation of litigation. What rule governs waiver of privilege or work product?
• A writing bears a certification that it is a true copy. Does this support authentication?
• To rebut a claim of self-defense, may evidence of the defendant's prior act of firing at another patron be admitted to show the defendant lied about self-defense?
• A self-authenticating document is offered into evidence. Is extrinsic proof of authenticity required?
• The government offers a calendar noting that the defendant had access to a weapon on a particular day; the calendar is kept in the regular course of business. Is it admissible as a business record under FRE 803(6)?
• Attorney-client privilege generally protects communications for seeking or receiving legal advice, with limited exceptions.
• In a civil case, a prejudicial but relevant photo is offered for a court to decide; The judge should apply Rule 403 balancing. Which statement is correct?
• Regarding hypothetical questions posed to experts, may the hypothetical rely on facts that are not in evidence if the court approves the assumptions?
• For impeachment by prior bad act to contradict, the evidence is not collateral if it directly challenges the witness's testimony. Which option correctly states this principle?