UCLA-LAW-210 EVIDENCE EXAM COMPREHENSIVE
PREDICTOR 2026/2027 Q&A
1. Under Federal Rule of Evidence 401, which of the following best
describes the test for "relevant evidence"?
A. Evidence that has any tendency to make a fact more or less
probable than it would be without the evidence
B. Evidence that has any tendency to make a fact more or less
probable than it would be without the evidence, AND the fact is of
consequence in determining the action
C. Evidence that would convince a reasonable jury of the defendant's
guilt by a preponderance of the evidence
D. Evidence that is directly probative of the central issue in the case
Correct Answer: B
Explanation: Rule 401 defines relevant evidence as evidence having
any tendency to make a fact more or less probable than it would be
without the evidence, AND the fact must be of consequence in
determining the action. Option A is incomplete because it omits the
"of consequence" requirement. Options C and D set artificially high
standards not required by Rule 401.
2. In a civil negligence case, the plaintiff offers evidence that the
defendant was driving 65 mph in a 35 mph zone. The defendant
objects under Rule 402. How should the court rule?
A. Exclude the evidence because speed is not of consequence in
negligence cases
B. Exclude the evidence because it is speculation without a
speedometer reading
C. Admit the evidence because it is relevant to whether the defendant
breached their duty of care
D. Admit the evidence only if the plaintiff testifies they saw the
speedometer
, Correct Answer: C
Explanation: Evidence of excessive speed is relevant to negligence
because it makes breach of duty more probable (Rule 401) and is not
excluded by any rule (Rule 402). Options A and B incorrectly claim
the evidence is irrelevant. Option D imposes an unnecessary
condition not required by the Rules.
3. Which of the following is NOT a prerequisite for admitting evidence
under Rule 403's exclusionary framework?
A. The evidence must be relevant under Rule 401
B. The court must determine that unfair prejudice substantially
outweighs probative value
C. The evidence must fail to satisfy any specific exclusionary rule
D. The party offering the evidence must prove admissibility by a
preponderance
Correct Answer: D
Explanation: Rule 403 allows exclusion of relevant evidence when
probative value is substantially outweighed by unfair prejudice,
confusion, or waste of time. The burden standard in Option D is not
a Rule 403 prerequisite. Options A, B, and C correctly describe
requirements for Rule 403 analysis.
4. In a criminal assault case, the prosecution offers evidence that the
defendant has a prior conviction for assault involving the same
victim. The defendant objects under Rule 404. What is the correct
ruling?
A. Exclude as impermissible character evidence introduced to prove
action in conformity
B. Admit because prior assaults against the same victim are always
admissible
C. Admit only if the defendant first introduces evidence of the victim's
character
D. Exclude unless the prior conviction occurred within the past year
Correct Answer: A
, Explanation: Rule 404(a) generally prohibits using character
evidence to prove action in conformity on a particular occasion.
While Rule 404(b) allows prior acts for other purposes (motive,
intent, etc.), the prosecution must establish a non-character purpose.
Option B is incorrect because there's no automatic admissibility.
Options C and D state incorrect requirements.
5. Under Rule 405, when is testimony about specific instances of
conduct permissible to prove a person's character?
A. Always, when character is relevant to the case
B. Only when character is an essential element of a charge, claim, or
defense
C. Only in criminal cases involving violent offenses
D. Only when the witness has personal knowledge of all instances
Correct Answer: B
Explanation: Rule 405(b) permits specific instances of conduct only
when character is an essential element of a charge, claim, or
defense. In most cases where character is merely circumstantially
relevant (Rule 404(a)), only reputation or opinion testimony is
allowed. Options A, C, and D incorrectly expand or limit the rule.
6. A defendant in a homicide trial offers evidence that the victim had a
reputation for violence. The prosecution then offers evidence of the
defendant's violent reputation. What rule permits the prosecution's
response?
A. Rule 404(a)(1)
B. Rule 404(a)(2)(A)
C. Rule 404(a)(2)(B)
D. Rule 405(a)
Correct Answer: C
Explanation: Rule 404(a)(2)(B) allows the prosecution to rebut
evidence of the victim's character by offering evidence of the
defendant's same character trait when the defendant attacks the
victim's character. Option A addresses defendant's character opened
, by prosecution. Option B is the victim's character exception for
homicide. Option D addresses the form of character evidence, not the
opening/rebuttal mechanism.
7. In a rape case under Federal Rule 412, which evidence is admissible?
A. Evidence that the victim had previously consented to sex with
others
B. Evidence that the defendant had previously assaulted the victim
C. Evidence of the victim's past sexual behavior with the defendant to
prove consent
D. Evidence that the victim wore provocative clothing
Correct Answer: B
Explanation: Rule 412 generally bars evidence of a victim's past
sexual behavior, but Exception (b)(2) permits evidence of specific
instances of sexual behavior with the accused to prove consent, and
Exception (b)(3) permits evidence whose exclusion violates the
defendant's constitutional rights. However, Rule 412(b)(1) explicitly
allows evidence of prior assaults by the defendant against the
victim. Options A, C, and D are barred by the rule's general
prohibition.
Wait, let me reconsider Rule 412 more carefully. The rule bars evidence
offered to prove sexual behavior or predisposition, but allows: (1) evidence
of specific instances with the accused to prove consent, (2) evidence
excluding conviction violates Constitution, and (3) in criminal cases,
evidence the defendant committed other sexual assault.
Let me correct:
Correct Answer: C
Explanation: Rule 412(b)(2) explicitly permits evidence of specific
instances of the victim's sexual behavior with the accused when offered to
prove consent. Option A is barred as it concerns others, not the accused.
Option B involves the defendant's prior acts which must comply with Rule
404(b), not Rule 412's consent exception. Option D is not specific sexual
behavior and is generally excluded.
PREDICTOR 2026/2027 Q&A
1. Under Federal Rule of Evidence 401, which of the following best
describes the test for "relevant evidence"?
A. Evidence that has any tendency to make a fact more or less
probable than it would be without the evidence
B. Evidence that has any tendency to make a fact more or less
probable than it would be without the evidence, AND the fact is of
consequence in determining the action
C. Evidence that would convince a reasonable jury of the defendant's
guilt by a preponderance of the evidence
D. Evidence that is directly probative of the central issue in the case
Correct Answer: B
Explanation: Rule 401 defines relevant evidence as evidence having
any tendency to make a fact more or less probable than it would be
without the evidence, AND the fact must be of consequence in
determining the action. Option A is incomplete because it omits the
"of consequence" requirement. Options C and D set artificially high
standards not required by Rule 401.
2. In a civil negligence case, the plaintiff offers evidence that the
defendant was driving 65 mph in a 35 mph zone. The defendant
objects under Rule 402. How should the court rule?
A. Exclude the evidence because speed is not of consequence in
negligence cases
B. Exclude the evidence because it is speculation without a
speedometer reading
C. Admit the evidence because it is relevant to whether the defendant
breached their duty of care
D. Admit the evidence only if the plaintiff testifies they saw the
speedometer
, Correct Answer: C
Explanation: Evidence of excessive speed is relevant to negligence
because it makes breach of duty more probable (Rule 401) and is not
excluded by any rule (Rule 402). Options A and B incorrectly claim
the evidence is irrelevant. Option D imposes an unnecessary
condition not required by the Rules.
3. Which of the following is NOT a prerequisite for admitting evidence
under Rule 403's exclusionary framework?
A. The evidence must be relevant under Rule 401
B. The court must determine that unfair prejudice substantially
outweighs probative value
C. The evidence must fail to satisfy any specific exclusionary rule
D. The party offering the evidence must prove admissibility by a
preponderance
Correct Answer: D
Explanation: Rule 403 allows exclusion of relevant evidence when
probative value is substantially outweighed by unfair prejudice,
confusion, or waste of time. The burden standard in Option D is not
a Rule 403 prerequisite. Options A, B, and C correctly describe
requirements for Rule 403 analysis.
4. In a criminal assault case, the prosecution offers evidence that the
defendant has a prior conviction for assault involving the same
victim. The defendant objects under Rule 404. What is the correct
ruling?
A. Exclude as impermissible character evidence introduced to prove
action in conformity
B. Admit because prior assaults against the same victim are always
admissible
C. Admit only if the defendant first introduces evidence of the victim's
character
D. Exclude unless the prior conviction occurred within the past year
Correct Answer: A
, Explanation: Rule 404(a) generally prohibits using character
evidence to prove action in conformity on a particular occasion.
While Rule 404(b) allows prior acts for other purposes (motive,
intent, etc.), the prosecution must establish a non-character purpose.
Option B is incorrect because there's no automatic admissibility.
Options C and D state incorrect requirements.
5. Under Rule 405, when is testimony about specific instances of
conduct permissible to prove a person's character?
A. Always, when character is relevant to the case
B. Only when character is an essential element of a charge, claim, or
defense
C. Only in criminal cases involving violent offenses
D. Only when the witness has personal knowledge of all instances
Correct Answer: B
Explanation: Rule 405(b) permits specific instances of conduct only
when character is an essential element of a charge, claim, or
defense. In most cases where character is merely circumstantially
relevant (Rule 404(a)), only reputation or opinion testimony is
allowed. Options A, C, and D incorrectly expand or limit the rule.
6. A defendant in a homicide trial offers evidence that the victim had a
reputation for violence. The prosecution then offers evidence of the
defendant's violent reputation. What rule permits the prosecution's
response?
A. Rule 404(a)(1)
B. Rule 404(a)(2)(A)
C. Rule 404(a)(2)(B)
D. Rule 405(a)
Correct Answer: C
Explanation: Rule 404(a)(2)(B) allows the prosecution to rebut
evidence of the victim's character by offering evidence of the
defendant's same character trait when the defendant attacks the
victim's character. Option A addresses defendant's character opened
, by prosecution. Option B is the victim's character exception for
homicide. Option D addresses the form of character evidence, not the
opening/rebuttal mechanism.
7. In a rape case under Federal Rule 412, which evidence is admissible?
A. Evidence that the victim had previously consented to sex with
others
B. Evidence that the defendant had previously assaulted the victim
C. Evidence of the victim's past sexual behavior with the defendant to
prove consent
D. Evidence that the victim wore provocative clothing
Correct Answer: B
Explanation: Rule 412 generally bars evidence of a victim's past
sexual behavior, but Exception (b)(2) permits evidence of specific
instances of sexual behavior with the accused to prove consent, and
Exception (b)(3) permits evidence whose exclusion violates the
defendant's constitutional rights. However, Rule 412(b)(1) explicitly
allows evidence of prior assaults by the defendant against the
victim. Options A, C, and D are barred by the rule's general
prohibition.
Wait, let me reconsider Rule 412 more carefully. The rule bars evidence
offered to prove sexual behavior or predisposition, but allows: (1) evidence
of specific instances with the accused to prove consent, (2) evidence
excluding conviction violates Constitution, and (3) in criminal cases,
evidence the defendant committed other sexual assault.
Let me correct:
Correct Answer: C
Explanation: Rule 412(b)(2) explicitly permits evidence of specific
instances of the victim's sexual behavior with the accused when offered to
prove consent. Option A is barred as it concerns others, not the accused.
Option B involves the defendant's prior acts which must comply with Rule
404(b), not Rule 412's consent exception. Option D is not specific sexual
behavior and is generally excluded.
