©JUSTTRACY EXAM SOLUTIONS
15/11/2024 2:01PM
Federal Rules of Evidence Revised
Exam Questions And Solutions
Rule 401 - answers✔✔TEST: "Relevant evidence" is evidence which has any tendency to
make the existence of any fact of consequence more probable or less probable.
Rule 402 - answers✔✔ADMISSIBILITY: Relevant Evidence is generally admissible;
Irrelevant Evidence is Inadmissible
Rule 403 - answers✔✔EXCLUSION for 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 - answers✔✔(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.
(A) a defendant may offer evidence of the defendant's pertinent trait, and if the evidence is
admitted, the prosecutor may offer evidence to rebut it;
(3) Exceptions for a Witness. Evidence of a witness's character may be admitted under Rules
607, 608, and 609.
Rule 404 b - answers✔✔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.
, ©JUSTTRACY EXAM SOLUTIONS
15/11/2024 2:01PM
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) - answers✔✔Methods of Proving Character
(a) By Reputation or Opinion. When evidence of a person's character or character trait is
admissible, it may be proved by testimony about the person's reputation or by testimony in
the form of an opinion. On cross-examination of the character witness, the court may allow
an inquiry into relevant specific instances of the person's conduct.
(b) By Specific Instances of Conduct. When a person's character or character trait is an
essential element of a charge, claim, or defense, the character or trait may also be proved by
relevant specific instances of the person's conduct.
Rule 104 b - answers✔✔evidence may be admitted on a conditional basis; up to the judge
406 - answers✔✔Habit; Routine Practice
Evidence of a person's habit or an organization's routine practice may be admitted to prove
that on a particular occasion the person or organization acted in accordance with the habit or
routine practice. The court may admit this evidence regardless of whether it is corroborated
or whether there was an eyewitness.
Rule 407 - answers✔✔Subsequent remedial measures may not be used to prove: negligence,
culpable conduct, product defect, or need for warning
Rule 408 - answers✔✔Compromise, or attempts to compromise, may not be used to prove
liability for a claim, but to prove: witness bias, lack of undue delay, or obstruction of criminal
investigation
15/11/2024 2:01PM
Federal Rules of Evidence Revised
Exam Questions And Solutions
Rule 401 - answers✔✔TEST: "Relevant evidence" is evidence which has any tendency to
make the existence of any fact of consequence more probable or less probable.
Rule 402 - answers✔✔ADMISSIBILITY: Relevant Evidence is generally admissible;
Irrelevant Evidence is Inadmissible
Rule 403 - answers✔✔EXCLUSION for 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 - answers✔✔(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.
(A) a defendant may offer evidence of the defendant's pertinent trait, and if the evidence is
admitted, the prosecutor may offer evidence to rebut it;
(3) Exceptions for a Witness. Evidence of a witness's character may be admitted under Rules
607, 608, and 609.
Rule 404 b - answers✔✔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.
, ©JUSTTRACY EXAM SOLUTIONS
15/11/2024 2:01PM
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) - answers✔✔Methods of Proving Character
(a) By Reputation or Opinion. When evidence of a person's character or character trait is
admissible, it may be proved by testimony about the person's reputation or by testimony in
the form of an opinion. On cross-examination of the character witness, the court may allow
an inquiry into relevant specific instances of the person's conduct.
(b) By Specific Instances of Conduct. When a person's character or character trait is an
essential element of a charge, claim, or defense, the character or trait may also be proved by
relevant specific instances of the person's conduct.
Rule 104 b - answers✔✔evidence may be admitted on a conditional basis; up to the judge
406 - answers✔✔Habit; Routine Practice
Evidence of a person's habit or an organization's routine practice may be admitted to prove
that on a particular occasion the person or organization acted in accordance with the habit or
routine practice. The court may admit this evidence regardless of whether it is corroborated
or whether there was an eyewitness.
Rule 407 - answers✔✔Subsequent remedial measures may not be used to prove: negligence,
culpable conduct, product defect, or need for warning
Rule 408 - answers✔✔Compromise, or attempts to compromise, may not be used to prove
liability for a claim, but to prove: witness bias, lack of undue delay, or obstruction of criminal
investigation
