FREE LAW AND STUDY GAMES ABOUT EVIDENCE EXAM

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FREE LAW AND STUDY GAMES ABOUT EVIDENCE EXAM

QUESTIONS

Actual Qs and Ans Expert-Verified Explanation

This Exam contains:

-Guarantee passing score -278 Questions and Answers -format set of multiple-choice -Expert-Verified Explanation

Question 1: Relevance- D's other crimes for non-character purpose;

5 most common non-character purposes (MIMIC): In civil cases

Answer:

If relevant to non-character purpose, MIMIC evidence can also be used in civil cases, such as tort action for fraud or assault

Question 2: Relevance- Character evidence;

Criminal cases: Victim's character, Sexual misconduct case- Exception 2.

Answer:

Victim's sexual activity with D if the defense of consent is asserted

Question 3: Relevance- Character evidence;

Criminal cases: Victim's character, Self-defense case- Prosecution rebuttal

Answer:

Evidence of victim's good character for peacefulness (reputation/opinion); Plus, prosecution may prove D's character for violence

Question 4: Hearsay- Hearsay exceptions;

Excited utterance

Answer:

Statement concerning a startling event and made while declarant still under stress of excitement cause by event Question 5: WY- Hearsay Rule- Statements that are non-hearsay understand the federal rules;

Prior statements by witness: Prior consistent statements

Answer:

Does not require prior consistent statement be made before motive to fabricate or improper influence occurred; Whether statement admitted is left to discretion of trial ct

Question 6: Hearsay- Hearsay exceptions;

Statement against interest: Theory

Answer:

Not likely to lie when making a personally damaging statement as to such interests

Question 7: Privileges- Husband wife privileges;

Exceptions (applies to both)

Answer:

• Communications or acts in furtherance of jointly-perpetrated future crime/fraud,

• Communication or acts destructive of family unit,

• In litigation b/w spouses themselves

Question 8: Witnesses- Impeachment methods;

Inquiry about bad act (w/o conviction) if reflect adversely on witness's character for

truthfulness: Good faith

Answer:

Cross examiner must have good faith basis for inquiry, and permission to make inquiry subject to cts.decision; Proof of extrinsic evidence may still be allowed if bad act relevant for some purpose other than bad character for truthfulness

Question 9: WY- Testimonial evidence- Opinion testimony;

Opinion may embrace ultimate issue: Testimony as to guilt of accused

Answer:

Witness may not testify as to guilt of accused

Question 10: Relevance- Character evidence;

Criminal cases: Victim's character, Self-defense case- Separate rule of relevance

Answer:

If D, at time of alleged self-defense, was aware of victim's violent reputation or prior specific acts of violence, such awareness may be proven to show D's state of mind (fear) to help prove acted reasonably in responding to aggression

Question 11: Plea bargaining in criminal cases- Inadmissible;

Withdrawn guilty plea

Answer:

Cannot use against D in pending criminal case or subsequent civil litigation based on same facts

Question 12: Privileges- Attorney client privilege;

Rationale

Answer:

To encourage client to speak openly to counsel

Question 13: Witnesses- Impeachment methods;

Sensory deficiencies

Answer:

Anything that could affect witness's perception or memory; Confrontation is not required; Extrinsic evidence is allowed

Question 14: WY- Relevance;

Discretionary exclusion of relevant evidence: "In life" photos of homicide victims

Answer:

Photos of homicide victims taken while alive inadmissible unless relevant to material issue and relevant

outweighs danger of prejudice to D; No purpose invokes sympathy and constitutes error "Wilks"

Question 15: Hearsay- Rule

Answer:

Hearsay is inadmissible unless an exception or exclusion applies

Question 16: Best Evidence Rule- Excuse

Answer:

If ct finds excuse acceptable, party may then use secondary evidence (oral testimony or copy)

Question 17: WY- Testimonial evidence- Testimonial privileges;

Husband-wife privilege: Privilege for confidential marital communications

Answer:

Intentions test- Treats assertive conduct that is intended to communicate confidential message from one spouse to another as confidential marital communication; Survives death of either spouse

Question 18: Plea bargaining in criminal cases- Inadmissible;

Offer to plead guilty

Answer:

Cannot be used against D in pending criminal case or in subsequent civil litigation based on same fact

Question 19: Hearsay- Hearsay exceptions;

Criminal D's right of confrontation: Testimonial, Grand jury

Answer:

Grand jury testimony is testimonial

Question 20: Witnesses- Opinion testimony;

Expert witness: Learned treatise in aid of expert testimony (hearsay exception), Direct examination of party's own expert

Answer:

Relevant portions of treatise, periodical, or pamphlet may be read into evidence as substantive evidence (to prove truth of matter asserted) if established as reliable authority