Federal Rules of Evidence Exam With Complete
Solutions Latest Update
Rule 401 - TEST FOR ANSWER: "Relevant evidence" is evidence which has any
tendency to make the existence of any fact of consequence more probable or less
probable.
Rule 402 - TEST FOR ADMISSIBILITY: Relevant Evidence is generally admissible;
Irrelevant Evidence is Inadmissible
Rule 403 - TEST FOR EXCLUSION due to RISK OF CUM UWU:
Relevant evidence may be excluded if its probative value is substantially outweighed by
the danger of: confusing the issues; unfair prejudice; misleading the jury; undue delay;
wasting time; unnecessarily presenting cumulative evidence
Rule 404 a - ANSWER (1) Evidence of a person's character or character trait is not
admissible to prove that on a particular occasion the person acted in accordance with
the character or trait.
(2) Exceptions for a Defendant or Victim in a Criminal Case. (3) Exceptions for a Witness.
Evidence of a witness's character may be admitted under Rules 607, 608, and 609.
Rule 404 b - ANSWER Evidence of other crimes, wrongs or acts is not admissible to
prove a person's character in order to show that on a particular occasion the person
acted in accordance with the character.
May be admissible to show: MOI-PP-KIA-L
, motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake,
or lack of accident.
405 (a + b) - ANSWER Methods of Proving Character
(a) By Reputation or Opinion. When evidence of a person's character or a trait of
character is admissible and if the witness testifying thereto has sufficient knowledge to
enable him to form an opinion, proof may be made by testimony as to reputation or by
testimony in the form of an opinion. On cross-examination of the character witness,
inquiry is permitted into relevant specific instances of conduct.
(b) By Specific Instances of Conduct. When a person's character or a trait of character
of a person is an essential element of a charge, claim, or defense, proof may also be
made by showing specific instances of the person's conduct.
Evidence may be admitted on a conditional basis, up to the judge
Habit; Routine Practice
Evidence of a person's habit or of the routine practice of an organization, whether
corroborated or not and regardless of the presence of eyewitnesses, may be admitted
to prove that on a particular occasion the person or organization acted in substantial
conformity with the habit or routine practice.
Rule 407- ANSWER Subsequent remedial measures inadmissible to prove: negligence,
culpable conduct, product defect, or need for warning
Rule 408- ANSWER Compromise, or offers to compromise, inadmissible to prove liability
for a claim, but admissible to prove: witness bias, absence of undue delay, or
obstruction of criminal investigation
Rule 409 - ANSWER Evidence of offering or paying medical or similar expenses is
inadmissible to prove liability
Rule 410 - ANSWER Plea agreements are inadmissible, except in prosecution for perjury
Solutions Latest Update
Rule 401 - TEST FOR ANSWER: "Relevant evidence" is evidence which has any
tendency to make the existence of any fact of consequence more probable or less
probable.
Rule 402 - TEST FOR ADMISSIBILITY: Relevant Evidence is generally admissible;
Irrelevant Evidence is Inadmissible
Rule 403 - TEST FOR EXCLUSION due to RISK OF CUM UWU:
Relevant evidence may be excluded if its probative value is substantially outweighed by
the danger of: confusing the issues; unfair prejudice; misleading the jury; undue delay;
wasting time; unnecessarily presenting cumulative evidence
Rule 404 a - ANSWER (1) Evidence of a person's character or character trait is not
admissible to prove that on a particular occasion the person acted in accordance with
the character or trait.
(2) Exceptions for a Defendant or Victim in a Criminal Case. (3) Exceptions for a Witness.
Evidence of a witness's character may be admitted under Rules 607, 608, and 609.
Rule 404 b - ANSWER Evidence of other crimes, wrongs or acts is not admissible to
prove a person's character in order to show that on a particular occasion the person
acted in accordance with the character.
May be admissible to show: MOI-PP-KIA-L
, motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake,
or lack of accident.
405 (a + b) - ANSWER Methods of Proving Character
(a) By Reputation or Opinion. When evidence of a person's character or a trait of
character is admissible and if the witness testifying thereto has sufficient knowledge to
enable him to form an opinion, proof may be made by testimony as to reputation or by
testimony in the form of an opinion. On cross-examination of the character witness,
inquiry is permitted into relevant specific instances of conduct.
(b) By Specific Instances of Conduct. When a person's character or a trait of character
of a person is an essential element of a charge, claim, or defense, proof may also be
made by showing specific instances of the person's conduct.
Evidence may be admitted on a conditional basis, up to the judge
Habit; Routine Practice
Evidence of a person's habit or of the routine practice of an organization, whether
corroborated or not and regardless of the presence of eyewitnesses, may be admitted
to prove that on a particular occasion the person or organization acted in substantial
conformity with the habit or routine practice.
Rule 407- ANSWER Subsequent remedial measures inadmissible to prove: negligence,
culpable conduct, product defect, or need for warning
Rule 408- ANSWER Compromise, or offers to compromise, inadmissible to prove liability
for a claim, but admissible to prove: witness bias, absence of undue delay, or
obstruction of criminal investigation
Rule 409 - ANSWER Evidence of offering or paying medical or similar expenses is
inadmissible to prove liability
Rule 410 - ANSWER Plea agreements are inadmissible, except in prosecution for perjury
