Bar MBE 2022 – Evidence Questions And
Answers With Complete Solution
1) each party is then entitled to cross-examine a witness called by the
... [Show More] court
2) party may object to the court's examining or calling of a witness either at the time or at the next
available opportunity when the jury is not present Correct Answers: What can each party do when a
court calls or examines its own witness?
Despite a juvenile conviction being GENERALLY INADMISSIBLE, a judge in a criminal case has
DISCRETION to admit a juvenile conviction committed by a witness (NOT DEFENDANT) if evidence
would be admissible to attack the credibility of an adult AND if the evidence is necessary to determine
the DEFENDANT's guilt or innocence. Correct Answers: When is a juvenile conviction admissible?
Through cross-examination and extrinsic evidence.
To impeach a witness by extrinsic evidence of bias/interest, they must be asked about the facts that
show bias/interest on a cross-examination.
Note: The court has discretion to permit or not permit extrinsic evidence EVEN IF witness admits
bias. Correct Answers: How can a witness be impeached because of their bias or interest?
-Upon party's request, a trial judge must order witnesses excluded from courtroom
-judge may also do this on their own
-judge must NOT exclude:
1) a party or designated officer or employee of a party
2) a person whose presence is essential to the presentation of party's claim or defense
3) a person statutorily authorized to be present Correct Answers: When can a judge exclude or
sequestrate a witness?
Through cross-examination or extrinsic evidence that show that their perceptive senses and
recollection were so impaired as to make it doubtful that they could have perceived those fact.s
No foundation requirement for proving sensory deficiency with extrinsic evidence. Correct Answers:
How can a witness be impeached because of their sensory deficiencies (i.e. bad eyesight/hearing,
alcohol or drug use, poor memory)?
Through cross-examination and extrinsic evidence.
Cross-examination: make the witness admit they lied or were mistaken about some fact that they
testified to during direct examination
1) if the witness admits, then impeached
2) if the witness denies, then can use extrinsic evidence
Extrinsic Evidence: permitted UNLESS contradictory fact is collateral (meaning no significant relevant
to the case or to witness's credibility Correct Answers: How can a witness be impeached because of
their contradictory facts?
1) Court's determination of a preliminary question of fact relating to admissibility
2) grand jury proceedings
3) other miscellaneous proceedings (sentencing, extradition, bail, probation) Correct Answers: When
does the Federal Rules of Evidence NOT apply?
If it has ANY TENDENCY to make the existence of any fact that is OF CONSEQUENCE to the
determination of the action MORE OR LESS PROBABLY than it would be without the evidence.
Correct Answers: When is evidence relevant?
Unfair prejudice; confusion of issues; misleading jury; wasting time; undue delay; needless
presentation of cumulative (repetitive) evidence > (substantially outweighs) probative value Correct
Answers: What is the FRE 403 Discretion to Exclude Relevant Evidence?
In certain cases, a party may offer evidence that the witness made a timely complaint or prior
statement of identification (prior consistent statement) and such prior identification can serve as
substantive evidence (even when witness credibility not attacked).. [Show Less]