Question 1 [Subsequent Remedial Measures (FRE 407)]
A plaintiff sues a defendant for negligence after a slip-and-fall. After the
incident, the defendant installs new non-slip flooring. The plaintiff seeks to
introduce evidence of this remedial measure to show negligence. Under FRE
407, the court should:
A. Admit the evidence because it is relevant to the defendant's negligence.
B. Exclude the evidence because subsequent remedial measures are
inadmissible to prove negligence.
C. Admit the evidence only if the defendant contests that the floor was
dangerous.
D. Exclude the evidence because it is more prejudicial than probative
under FRE 403.
Question 2 [Hearsay — Definition (FRE 801)]
A witness testifies: 'My neighbor told me the defendant ran the red light.' The
statement is offered to prove the defendant ran the red light. This is:
A. Not hearsay because it is an eyewitness account.
B. Hearsay and inadmissible unless an exception applies.
C. Admissible as a present sense impression.
D. Admissible as a prior consistent statement.
Question 3 [Attorney-Client Privilege]
A client tells her attorney: 'I killed him and buried the body in the park.' The
attorney is later subpoenaed. The communication is:
A. Not privileged because it involves a crime.
B. Protected by attorney-client privilege.
C. Admissible under the crime-fraud exception.
D. Admissible because it involves physical evidence.
Question 4 [Fifth Amendment — Right to Silence]
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,A criminal defendant declines to testify. The prosecutor states in closing
argument: 'The defendant's silence speaks volumes.' This is:
A. Permissible comment on the evidence.
B. A violation of the defendant's Fifth Amendment right.
C. Permissible only if the defendant opened the door.
D. Admissible because silence can be an adoptive admission.
Question 5 [Authentication (FRE 901)]
A party seeks to introduce a printout of text messages from a smartphone. To
authenticate the messages, the party must show:
A. The messages were retrieved by a certified technician.
B. Sufficient evidence that the messages are what they are claimed to be.
C. A chain of custody log for the phone.
D. That the messages were obtained with a valid warrant.
Question 6 [Dying Declaration (FRE 804(b)(2))]
A dying accident victim tells the paramedic: 'The truck driver ran the stop
sign.' The victim dies before trial. The statement is:
A. Inadmissible hearsay because the declarant is unavailable.
B. Admissible as a dying declaration under FRE 804(b)(2).
C. Admissible as a present sense impression.
D. Admissible only if the victim was aware of impending death.
Question 7 [Character Evidence — Victim (FRE 404/405)]
In a criminal assault case, the defendant offers evidence that the victim was
known to be the first aggressor in fights. This evidence is:
A. Inadmissible character evidence under FRE 404.
B. Admissible to prove the victim was the first aggressor.
C. Admissible only through reputation or opinion testimony.
D. Both B and C.
Question 8 [Best Evidence Rule (FRE 1004)]
A party wants to prove the contents of a written contract. The original contract
is unavailable because it was destroyed in a fire. The party may:
A. Not introduce any evidence of the contract's contents.
B. Introduce a duplicate or secondary evidence of the contents.
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, C. Only introduce oral testimony if a certified copy exists.
D. Never use secondary evidence for a lost original contract.
Question 9 [Expert Witnesses — Daubert (FRE 702)]
A plaintiff's expert witness has a Ph.D. in biomechanics and seeks to testify
about the mechanism of the plaintiff's knee injury. The court should admit the
testimony if:
A. The expert is licensed by the state as a physician.
B. The testimony is based on sufficient facts, reliable methods, and reliably
applied to the case facts.
C. The jury would otherwise be unable to understand any aspect of the
case.
D. The expert's methodology is accepted by a majority of practitioners in
the field.
Question 10 [Relevance / Unfair Prejudice (FRE 403)]
In a murder trial, the prosecution seeks to introduce photographs of the crime
scene showing the victim's gruesome wounds. The defendant objects. The
court should:
A. Exclude the photos automatically because they are prejudicial.
B. Admit the photos if the danger of unfair prejudice does not substantially
outweigh their probative value.
C. Admit the photos only with a limiting instruction.
D. Exclude the photos if any prejudice exists.
Question 11 [Excited Utterance (FRE 803(2))]
A witness says: 'Right after the crash, the driver shouted, "I can't believe I just
ran that light!"' Offered to prove the driver ran the light, this statement is:
A. Hearsay not subject to any exception.
B. Admissible as an excited utterance under FRE 803(2).
C. Admissible as a present sense impression under FRE 803(1).
D. Admissible as an admission by a party-opponent.
Question 12 [Impeachment — Prior Convictions (FRE 609(b))]
A witness testifies for the plaintiff. The defense wants to impeach the witness
with a 12-year-old felony conviction for embezzlement. The court should:
A. Admit the conviction automatically because it is a felony.
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A plaintiff sues a defendant for negligence after a slip-and-fall. After the
incident, the defendant installs new non-slip flooring. The plaintiff seeks to
introduce evidence of this remedial measure to show negligence. Under FRE
407, the court should:
A. Admit the evidence because it is relevant to the defendant's negligence.
B. Exclude the evidence because subsequent remedial measures are
inadmissible to prove negligence.
C. Admit the evidence only if the defendant contests that the floor was
dangerous.
D. Exclude the evidence because it is more prejudicial than probative
under FRE 403.
Question 2 [Hearsay — Definition (FRE 801)]
A witness testifies: 'My neighbor told me the defendant ran the red light.' The
statement is offered to prove the defendant ran the red light. This is:
A. Not hearsay because it is an eyewitness account.
B. Hearsay and inadmissible unless an exception applies.
C. Admissible as a present sense impression.
D. Admissible as a prior consistent statement.
Question 3 [Attorney-Client Privilege]
A client tells her attorney: 'I killed him and buried the body in the park.' The
attorney is later subpoenaed. The communication is:
A. Not privileged because it involves a crime.
B. Protected by attorney-client privilege.
C. Admissible under the crime-fraud exception.
D. Admissible because it involves physical evidence.
Question 4 [Fifth Amendment — Right to Silence]
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,A criminal defendant declines to testify. The prosecutor states in closing
argument: 'The defendant's silence speaks volumes.' This is:
A. Permissible comment on the evidence.
B. A violation of the defendant's Fifth Amendment right.
C. Permissible only if the defendant opened the door.
D. Admissible because silence can be an adoptive admission.
Question 5 [Authentication (FRE 901)]
A party seeks to introduce a printout of text messages from a smartphone. To
authenticate the messages, the party must show:
A. The messages were retrieved by a certified technician.
B. Sufficient evidence that the messages are what they are claimed to be.
C. A chain of custody log for the phone.
D. That the messages were obtained with a valid warrant.
Question 6 [Dying Declaration (FRE 804(b)(2))]
A dying accident victim tells the paramedic: 'The truck driver ran the stop
sign.' The victim dies before trial. The statement is:
A. Inadmissible hearsay because the declarant is unavailable.
B. Admissible as a dying declaration under FRE 804(b)(2).
C. Admissible as a present sense impression.
D. Admissible only if the victim was aware of impending death.
Question 7 [Character Evidence — Victim (FRE 404/405)]
In a criminal assault case, the defendant offers evidence that the victim was
known to be the first aggressor in fights. This evidence is:
A. Inadmissible character evidence under FRE 404.
B. Admissible to prove the victim was the first aggressor.
C. Admissible only through reputation or opinion testimony.
D. Both B and C.
Question 8 [Best Evidence Rule (FRE 1004)]
A party wants to prove the contents of a written contract. The original contract
is unavailable because it was destroyed in a fire. The party may:
A. Not introduce any evidence of the contract's contents.
B. Introduce a duplicate or secondary evidence of the contents.
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, C. Only introduce oral testimony if a certified copy exists.
D. Never use secondary evidence for a lost original contract.
Question 9 [Expert Witnesses — Daubert (FRE 702)]
A plaintiff's expert witness has a Ph.D. in biomechanics and seeks to testify
about the mechanism of the plaintiff's knee injury. The court should admit the
testimony if:
A. The expert is licensed by the state as a physician.
B. The testimony is based on sufficient facts, reliable methods, and reliably
applied to the case facts.
C. The jury would otherwise be unable to understand any aspect of the
case.
D. The expert's methodology is accepted by a majority of practitioners in
the field.
Question 10 [Relevance / Unfair Prejudice (FRE 403)]
In a murder trial, the prosecution seeks to introduce photographs of the crime
scene showing the victim's gruesome wounds. The defendant objects. The
court should:
A. Exclude the photos automatically because they are prejudicial.
B. Admit the photos if the danger of unfair prejudice does not substantially
outweigh their probative value.
C. Admit the photos only with a limiting instruction.
D. Exclude the photos if any prejudice exists.
Question 11 [Excited Utterance (FRE 803(2))]
A witness says: 'Right after the crash, the driver shouted, "I can't believe I just
ran that light!"' Offered to prove the driver ran the light, this statement is:
A. Hearsay not subject to any exception.
B. Admissible as an excited utterance under FRE 803(2).
C. Admissible as a present sense impression under FRE 803(1).
D. Admissible as an admission by a party-opponent.
Question 12 [Impeachment — Prior Convictions (FRE 609(b))]
A witness testifies for the plaintiff. The defense wants to impeach the witness
with a 12-year-old felony conviction for embezzlement. The court should:
A. Admit the conviction automatically because it is a felony.
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