FSU Evidence Unit 2 || Already Passed.
On direct examination, leading questions are allowed:
A. Always
B. Whenever necessary to develop the witness's testimony
C. For a hostile witness or adverse party
D. Both B & C
E. Never correct answers D. Both B & C. Directly from the rule's language.
Without obtaining judicial permission, an attorney may cross-examine a witness concerning:
A. The subject matter of direct examination
B. Credibility
C. Both A & B
D. Any matter of consequence to the action correct answers C. Both A & B. Cross examination =
subject matter on direct + Impeachment (only beyond that by judge's request)
The prosecution is cross-examining the defendant in a robbery trial. He asks the defendant, "Isn't
it true that you have been convicted of perjury and that you frequently cheat on your taxes?"
Which of the following objections is most likely to be sustained?
A. Asked and answered
B. Harassing the witness
C. Leading
D. Compound question correct answers D. Compound question. Leading questions are allowed
on cross.
Who may introduce a writing used to refresh recollection into evidence?
A. The party who is examining the witness
B. An adverse party
C. No one correct answers B. An adverse party. The adverse party is the only one w/ this right
based on Rule 612.
The jury may use a writing introduced under Rule 612...
A. To assess credibility
B. To establish a controverted fact
C. To establish liability
D. For other proper purposes
E. None of the above correct answers A. To assess credibility. 612 is meant entirely to impeach a
witness's refreshed recollection.
When refreshment occurs before testifying, the adverse party may examine the materials . . .
A. Always
B. Usually
,C. Rarely
D. Never
E. If the witness is hostile correct answers C. Rarely. It says when justice requires. Judges by
default don't think there is much of need for this, so it rarely happens.
Paula sues Dean for defamation. She calls Wanda to recount his odious remarks about her love
life. On cross, Dean asks Wanda whether she took any trips during the week when the alleged
defamation occurred. She says she cannot remember. If Dean wishes to refresh her recollection
using a hotel receipt that places her in another state on the day of the alleged statement, which of
the following is most likely?
A. He will be allowed to refresh her recollection, and Paula will be allowed to introduce the
writing if she wishes.
B. Dean will not be allowed to refresh her recollection because he did not call Wanda to the
stand.
C. Dean will not be allowed to refresh her recollection with the receipt because she was not its
author.
D. Paula would not be allowed to introduce the ticket because she is not "adverse" to Wanda.
correct answers A. He will be allowed to refresh her recollection, and Paula will be allowed to
introduce the writing if she wishes. We don't have to use hearsay rules for this b/c it is
specifically used only to impeach refreshments, so don't get tripped up on hearsay rules later in
the class. Thus, it does not matter who wrote it.
Facts: #1: "In 2007, Jeremy Piven reportedly showed up at high-end sushi joint Nobu in Aspen
with a crowd of 12, without a reservation. After being seated and served, Piven told a manager
while walking out, 'Thanks for nothing.' His tip? A signed Entourage DVD. An enraged Nobu
employee apparently hurled the box at Piven as he was leaving. Piven was banned from Nobu.
Piven sues BI for defamation after it publicly labels him as a "huge cheapskate." What kinds of
evidence may he introduce to show his generous character?
A. Reputation among other celebrities
B. Opinion of neighbors
C. Testimony from waitresses
D. All of the above correct answers D. All of the above. All of these answers assume that 404
does not exclude the evidence. Why? B/c this is a defamation case where the plaintiff is trying to
use this evidence to show that he is not a cheapskate generally.
Facts: #1: "In 2007, Jeremy Piven reportedly showed up at high-end sushi joint Nobu in Aspen
with a crowd of 12, without a reservation. After being seated and served, Piven told a manager
while walking out, 'Thanks for nothing.' His tip? A signed Entourage DVD. An enraged Nobu
employee apparently hurled the box at Piven as he was leaving. Piven was banned from Nobu.
A friend of Piven testifies that Piven has a "generous" reputation. BI may . . .
A. Cross-examine about cheap acts
,B. Introduce other evidence of cheap acts
C. Both of these
D. Neither of these correct answers C. Both of these. You can cross examine, introduce of other
cheap acts, and either of those are allowable. the 405(a) rules do not apply to these types of
evidence.
Facts: Dan G. Russdriver. Sued for vehicular negligence. Three prior convictions for reckless
driving.
Can evidence of Dan's prior reckless driving convictions be admitted?
A. Yes, to show his propensity to drive recklessly
B. Yes, because driving negligently is an element of the offense
C. Both A and B are correct
D. Neither A nor B is correct. correct answers D. Neither A nor B is correct. Character is not an
essential element of vehicular negligence, so since character is not at issue here, then it is barred
by 404(a). You are not required to show you are negligent driver generally, just negligent at that
exact time. Therefore, these propensity inferences are both barred by 404(a).
Elliott sues Dennis for wrongful death on behalf of his son Paul, who was killed in an auto
accident. During the trial, Elliott offers evidence, during the direct examination of one of Paul's
teachers, that in his opinion, Paul was "an unusually gifted and hardworking student," and also
that "he always got perfect scores on his tests." Which of the following is true?
A. The general opinions about Paul's character can be admitted, but not the specific scores.
B. The specific scores can be admitted, but not the general opinions.
C. Both the opinions and the scores can be admitted.
D. Neither the opinions nor the scores can be admitted. correct answers C. Both the opinions and
the scores can be admitted. If it's a propensity inference, then we cannot either. If its an essential
element of the case, then it can be used for both (per rule 405(b)). These facts are offered for
damages purposes, and this is the only evidence that can be used to figure this out for a high
school student. So both are allowed.
HYPO: Long history of well-documented spousal abuse, sued for battery by his most recent (and
now ex-) wife. Can we bring evidence of prior convictions? reputation? cross-examination?
correct answers All are barred by 404(a).
Facts: Gina has a garden and sues Fred for trespass to chattels civil suit.
Admit testimony of Target manager that he saw Defendant Fred try to shoplift CDs?
A. No, it's not relevant
B. No, it violates Rule 404(a)
C. No, it's substantially more prejudicial than probative
D> Yes correct answers B. No, it violates Rule 404(a). Fred stole in the past, the evidence is
trying to say he stole in this instance. Thus, it is a forbidden propensity inference.
, Facts: Gina has a garden and sues Fred for trespass to chattels civil suit.
Admit neighbor's opinion that "Fred will steal anything he can get his hands on"?
A. Yes
B. No correct answers B. No. Does not matter about opinion or reputation. It does not make a
difference. Nothing changes b/c it is still a forbidden propensity inference that is not allowed in
any form.
Facts: Gina has a garden and sues Fred for trespass to chattels civil suit.
Admit a different neighbor's testimony that "Fred has a reputation in this neighborhood for being
very respectful of other's property," if offered into evidence by the defense?
A. Yes
B. No correct answers B. No.its still the same thing in the civil context and is a forbidden
propensity inference. 404(a) and the principles in 405(b) is all you need to know in civil cases.
Facts: Rodney Rogers is a 66-year-old man who lives outside Cincinnati, Ohio. He was living in
a house that a friend was constructing. Rogers thought they had a deal that the friend would sell
him the house. But the friend refused to sell. Rogers was so angry when his friend refused to sell
him his house that he took a power saw and cut the house in half. He made a horizontal cut
around entire house at chest level, as you see here. Only gravity holds top on bottom. The state
charged Rogers with vandalism. Prosecutor's case-in-chief: Neighbor said I've known rogers for
30 years. In my opinion, he has no respect for property.
Is the neighbor's testimony admissible?
A. No.
B. Yes, as long as he gives no specifics.
D. Yes, and he can also provide details to explain his opinion. correct answers A. No b/c the
defendant has not entered his own character evidence yet.
Facts: Rodney Rogers is a 66-year-old man who lives outside Cincinnati, Ohio. He was living in
a house that a friend was constructing. Rogers thought they had a deal that the friend would sell
him the house. But the friend refused to sell. Rogers was so angry when his friend refused to sell
him his house that he took a power saw and cut the house in half. He made a horizontal cut
around entire house at chest level, as you see here. Only gravity holds top on bottom. The state
charged Rogers with vandalism.
Defense case: Roger has been attending my church for 20 years. He has a reputation for being
very respectful person towards others.
Is the "Church Lady's" Testimony Admissible?
A. Probably yes.
B. No, because this is character evidence.
