FREE LSAT AND STUDY GAMES ABOUT MIDLANDS

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FREE LSAT AND STUDY GAMES ABOUT MIDLANDS

EVIDENCE EXAM QUESTIONS

Actual Qs and Ans Expert-Verified Explanation

This Exam contains:

-Guarantee passing score -43 Questions and Answers -format set of multiple-choice -Expert-Verified Explanation

Question 1: Rule 402-When is Relevance Admissible?

Answer:

• Goes to the elements of your case

Publication, falsity, defamation, fault, harm

• Foundational.

How far away were you when you saw it?

• Credibility.

You lied to the police, didn't you?Question 2: Police officer is on patrol. He hears a radio call that says, "Be on the lookout for a white Chevy Blazer suspected to be involved in a hit and run." Officer pulls over and arrests the driver of a white Chevy Blazer.Police officer testifies in court a

Answer:

NO.You are not offering the statement to try to prove that the driver was in a hit and run.You are offering it to show its effect on the officer. Namely, he pulled over a vehicle matching that description.Without that radio call in evidence, it mig

Question 3: Witness: "He nudged Jack with his shoulder."Attorney: "What did he do after he laid into Jack?"

Answer:

Objection: Misstates the Evidence

Question 4: If someone testifies that someone said something, but doesn't offer the statement itself, it's what?

Answer:

There is NO hearsay objection.

Question 5: "What did you think about that?"

Answer:

Objection: Vague/overbroad

Question 6: Objection, "Non-Responsive"

Honor: "Sustained."

You do what?____

Answer:

Move to strike

Question 7: "Where do you live?"

I live in St. Paul. I'm a college student, so it's nice to live so close to school. I like school, blah blah blah.

Answer:

All she was asked was where she lived.Narrative - Made while the other team's witness is testifying on direct.It means she is testifying to things beyond what he/she was asked.

Objection: Narrative

Question 8: Assertion - "The light was green."

Answer:

There is a factual assertion that is either true or false.

Question 9: Objection, "Cumulative"

Answer:

You cannot keep offering the same evidence repeatedly.Example - A Few Good Men Prosecutor wanted to call 23 witnesses to testify to the same thing.

Riley Faith example.Question 10: McQuiggan: "I found powder burns on the gloves." Attorney: "Based on that finding, how close was the gun to Lane Hamilton when it fired?"

Answer:

Objection: Lack of foundation (How did she know?)

Question 11: Difference between Narrative and Non-Responsive?

Answer:

Difference between Narrative and Non-Responsive?

Question 12: An attorney can't keep asking a witness the same question.

Answer:

Very common when your witness is being crossed.

Objection: Asked and Answered

If you get this objection, your answer is that the witness has not answered the question.Question 13: You want to offer the defendant's statement, "He told me he shot that guy," just to prove that the defendant was at a certain location

Answer:

If you want to offer a statement that would otherwise be hearsay if you were offering it for its truth, it has to overcome 401/403.

You probably will not be allowed to use the statement; it is substantially prejudicial. But you can have the witness te

Question 14: What can a witness still testify to without speculation?

Answer:

Witnesses can still testify to lay opinions under Rule 701.

Question 15: "He was wearing a black shirt?"

He was wearing a black shirt, but that doesn't automatically make him guilty!"

Answer:

You will often have combative answers with this objection.Made after a witness answers your question on cross.It means what it says. The witness is not responding to your question.Objection-Non-Responsive

Question 16: Rule 403-Although Relevant, Evidence may be excluded when?

Answer:

Probative value is substantially outweighed by danger of unfair prejudice Confusion of the issues, misleading the jury Undue delay, waste of time Cumulative evidence Question 17: Witness: He had a look on his face like he had lost everything (from Thursday)

Answer:

Objection: Speculation (Guessing what someone is thinking)

Question 18: Direct Attorney: "Where was he sitting?" Witness: "He was sitting in the recliner. He was reading a newspaper and smoking his pipe..."

Answer:

Narrative (Witness has to restrict his answer)

Question 19: What is a statement? Rule 801(a)

Answer:

(A) - An oral or written assertion, OR (B) - Nonverbal conduct of a person, if it is intended as an assertion.

What is an assertion? "A positive statement or declaration, often without support or reason." - Dictionary.com

Question 20: Witness - "He hit the guy in the arm."

Attorney - "After he smashed the guy as hard as he could in the arm, what happened next?"

Answer:

Objection: Misstates the evidence

Question 21: Non-assertion - "Go Brewers!"

Answer:

What fact about this statement can you dispute as being true or false?You can't! There is no fact to fight about here.Usually seen with commands, exclamations.