MBE Evidence - WTF

  1. An attorney must make an offer of proof to preserve evidence __________________
    when the evidence is erroneously excluded.
  2. Judicial Notice is the court’s acceptance of a _______________ as true without requiring formal________________________
    fact; proof
  3. Character is NOT “at issue” in a __________________case.
  4. Evidence of a prior bad act cannot be introduced in a criminal case _____________________________________.
    to prove criminal propensity
  5. An original or reliable duplicate is NOT required under the Best Evidence Rule when_________________.
    a witness who has observed an event can testify about her observations
  6. Evidence of a subsequent remedial measure may be admissible ________________.
    to impeach
  7. An adoptive admission is a statement of another person that a party expressly or impliedly adopts as his own. Silence in response to a statement is considered an adoptive admission if:
    (i) The person was present and heard and understood the statement; (ii) the person had the ability and opportunity to deny the statement; and (iii) a reasonable person similarly situated would have denied the statement.
  8. A statement qualifies as a “dying declaration” if
    (i) the declarant believes that her death is imminent, and (ii) the statement pertains to the cause or circumstances of the death she believes to be imminent. Although the declarant must be unavailable, the declarant need not have actually died in order for the statement to avoid exclusion as hearsay. However, the dying-declaration exception applies only in homicide prosecutions and civil cases.
  9. If a witness is unable to testify about a matter for which a record exists, that record is not excluded as hearsay if
    (i) the record is on a matter that the witness once knew about, (ii) the record was made or adopted by the witness when the matter was fresh in the witness’s memory, (iii) the record accurately reflects the witness’s knowledge, and (iv) the witness states that she cannot recall the event well enough to testify fully and accurately, even after consulting the record on the stand.
  10. When can evidence of a prior bad act be introduced in a civil case?
    When character is an essential element of a claim or defense
  11. Character is NOT “at issue” in a __________________case.
  12. The Plain Error Rule is invoked when
    the error is obvious
  13. An attorney must make an offer of proof to preserve evidence
    when evidence is erroneously excluded
  14. Settlement offers are ____________ to prove bias.
  15. Negotiations with governmental agencies are ____________ in later criminal proceedings.
  16. Regarding compromise offers or negotiations, settlement offers are _____________.
    never admissible
  17. The privilege protecting confidential marriage communications is
    The privilege is held by both spouses.
  18. The ____________________ exception to the hearsay rule requires that the witness be unable to recall information or an event.
    recorded recollection
  19. A prior consistent statement may be admissible
    • (i) to rebut an express or implied charge that the declarant recently fabricated it or acted from a recent improper influence or motive in testifying or
    • (ii) to rehabilitate the declarant’s credibility as a witness when attacked on another ground.
    • However, such a statement is admissible only if it was made before the declarant had reason to fabricate.
  20. The general rule for statements against interest made by an unavailable declarant is that a statement qualifies as a hearsay exception if, at the time it was made
    • (i) it was against the declarant’s pecuniary, proprietary, civil, or penal interest, and
    • (ii) the statement was of a nature such that a reasonable person would not have made it unless she believed it to be true.
  21. Lay opinions are admissible with respect to commonsense impressions.  To be admissible, the opinion must be
    • (i) rationally based on the perception of the witness and
    • (ii) helpful to a clear understanding of the witness’s testimony or the determination of a fact in issue. 
    • Additionally, the opinion must not be based on scientific, technical, or specialized knowledge.
Card Set
MBE Evidence - WTF
MBE Evidence WTF