SGrade/Bar Exam (UBE)/Evidence — Core Concepts
Evidence — Core Concepts Practice Questions
This topic covers the essential principles of Evidence as tested on the MBE portion of the Uniform Bar Examination.
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Sample questions
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In a civil trial, a witness testifies that the defendant 'seemed drunk' at the time of the incident. The opposing attorney objects, arguing this is an improper lay opinion.
Examiner's Design Intent
Tests candidate's ability to apply FRE 701 lay opinion requirements to common intoxication scenario while avoiding traps about legal conclusions and expert testimony requirements
A prosecutor seeks to introduce a photograph of the crime scene that was taken by a police officer using a standard digital camera. The defendant objects, arguing that the original crime scene itself is the 'best evidence.'
Examiner's Design Intent
Tests whether candidates understand the limited scope of the best evidence rule and can distinguish between proving document contents versus using demonstrative evidence to show physical appearance.
In a breach of contract dispute, the plaintiff testifies that the defendant told him, 'I intend to fulfill my part of the agreement next month.' The defendant's attorney objects on the grounds of hearsay.
Examiner's Design Intent
Tests candidate's ability to recognize and properly apply FRE 803(3) state of mind exception while distinguishing it from other hearsay concepts
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