Mock Trial Rules of Evidence Practice Test

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• Which rule addresses the court's duty to control the examination of witnesses and the presentation of evidence to promote truth and efficiency?
• In criminal proceedings, which type of plea is not admissible as evidence against the defendant?
• Which option is not among the three explicit numbers shown in the material?
• How is habit evidence defined under Rule 406 and how does it differ from general character evidence?
• What is the difference between official records and private records under the business Records and Public Records exceptions?
• In a homicide case prosecutor may offer evidence of the victim's trait of peacefulness to rebut evidence that the victim was first aggressor.
• Which of the following statements about Rule 412 is true?
• What does Rule 402 state about the admissibility of relevant evidence?
• Under Rule 613, extrinsic evidence of a witness's inconsistent statement is admissible under which conditions?
• Not hearsay: an opposing party's statement. Which rule?
• Under Rule 703, what is allowed about data underlying an expert opinion?
• Which statement reflects the core principle of the Best Evidence Rule's content requirement?
• Which statement best captures the rule about hearsay within hearsay?
• What does Rule 608(b) permit regarding specific acts by a witness to attack credibility?
• Before a witness may testify about a matter, what must be shown?
• Which statement about reputation or opinion evidence affecting a witness's credibility is correct?
• Under Rule 610, can religious beliefs be used to impeach a witness?
• Under Rule 801(d)(1), when are a declarant’s prior statements not hearsay if the declarant testifies and is subject to cross-examination?
• What is a present sense impression under Rule 803(1)?
• Hearsay is not permitted except as provided by below rules. Which rule sets the general prohibition?
• What does Rule 901 require to authenticate physical or documentary evidence?
• Under Rule 1002, the original writing must be produced to prove its content unless an exception applies. In which scenario is this required?
• Defendant may offer evidence of the defendant's pertinent trait, if admitted, prosecutor may rebut.
• Which rule states that if a part of a writing is introduced, the other part may be admissible to avoid misinterpretation?
• Which subsection defines relevance as evidence making a fact more probable than it would be without the evidence?
• In which scenario may compromise negotiations be admissible under Rule 408(a)(1)?
• Under Rule 404(a), how may character evidence be used in civil trials?
• Rule 410 covers which topic?
• Under the hearsay framework, which category addresses criteria for when a declarant is unavailable?
• Under memory refresh using a writing, what may the adverse party do?
• A party's own out-of-court statement offered against them is not hearsay under which rule?
• What does Rule 412 exclude in sexual offense cases?
• Under Rule 704, which statement about expert testimony on the ultimate issue in criminal cases is correct?
• Under Rule 701, which statement describes lay opinion testimony?
• Under Rule 407, which statement best describes the admissibility of evidence of subsequent measures?
• What is the scope of the business records exception under Rule 803(6)?
• Under Rule 704, may experts testify about the ultimate issue in criminal cases?
• When is a cross-examiner permitted to inquire about specific instances of conduct under Rule 405?
• Public records exception applies to records of activities of which entities?
• Which heading introduces the section on exceptions?
• In the context of plea discussions, which statement about admissibility in relation to plea proceedings is correct?
• Under Rule 803(6) business records, who must have knowledge?
• What is the stated purpose of these rules?
• Under Rule 901, what proves authenticity of a photograph?
• What is an excited utterance under Rule 803(2)?
• Under Rule 901, what is typically required to authenticate a photograph or image?
• Which statements are included in Rule 803(3) 'then-existing state of mind'?
• Which hearsay exception deals with public records?
• An opinion on an ultimate issue is not automatically objectionable.
• How does Rule 805 treat hearsay within hearsay?
• Under Rule 703, when is an expert opinion admissible if the required facts would normally be inadmissible?
• Under Rule 405(a), when character evidence is admissible, how may it be proved?
• Which term describes a fact the court may judicially notice?
• How does Rule 406 treat habit or routine practice in proving conduct?
• Rules 413-415 apply to evidence of sexual behavior or predisposition in which situations?
• Which statement correctly describes the scope of redirect and cross-recall (recross)?
• Under Rule 106, what is the effect of introducing part of a writing or recorded statement?
• Which statement best describes the Rule 807 residual exception for hearsay?
• Under Rule 608(b), when impeaching a witness for truthfulness, what does the court control?
• What does Rule 403 require the court to do with relevant evidence?
• Defendant may offer evidence of victim's pertinent trait, if admitted, prosecutor may rebut.
• Which exception would permit admission of routine business records?
• What does Rule 409 prohibit regarding offers to pay medical expenses?
• Under Rule 609(d), a conviction that satisfies 609(a), (b), and (c) is admissible even if an appeal is pending.
• What does Rule 408 prohibit regarding offers to settle?
• What do these rules govern?
• Under Rule 404(a), how may evidence of a defendant’s character be used in criminal trials?
• What does Rule 609(b) say about pardoned, annulled, rehabilitated, or similar dispositions?
• A non-expert witness offering an opinion must be based on what?
• Under Rule 403, which option is not a listed risk that could cause exclusion of relevant evidence?
• Which rule number states the general purpose of these rules?
• Rule 610 states the court should exercise reasonable control over the presentation of witnesses and evidence for which purposes?
• Rule 703 addresses disclosure of underlying facts by an expert. When may the expert disclose the underlying facts?
• Under Rule 702, which statement best describes the standard for expert testimony?
• Under which subsection is a party entitled to be heard on propriety of taking judicial notice/nature of fact being noticed?
• Which option refers to the sentence that the rules are known and cited as the National High School Mock Trial Rules of Evidence?
• The criterion for being unavailable falls under which category of hearsay exceptions?
• Which option correctly identifies a NOT-required condition for admissibility of juvenile adjudication under Rule 609(c)?
• What is the definition of relevant evidence under Rule 401?
• Under Rule 609, which type of crimes are typically included for impeachment?
• Which of the following is a permissible non-propensity purpose for other acts under Rule 404(b)?
• When a witness's memory is refreshed using a writing, who may examine and question the witness about the writing?
• Hearsay is a statement offered in evidence to prove the truth of the matter asserted in the statement, when the declarant does not testify. Which rule states this concept?
• Hearsay exceptions: Present sense impression. Which rule?
• Which number is not referenced among the items in the material?
• What constitutes hearsay under Rule 801?
• When is a duplicate admissible under Rule 1003?
• Under Rule 404(a)(3), evidence of a witness's character may be admitted under which provisions?
• What is a prior inconsistent statement, and how may it be used for impeachment under Rule 613?
• Under Rule 608(a), which statement correctly describes the use of extrinsic evidence to prove specific instances of conduct to attack or support credibility?
• Which exception recognizes statements in learned treatises, periodicals, or pamphlets?
• In which situation are specific instances of conduct admissible under Rule 405(b)?
• Evidence or crime, wrong, etc. is admissible for another purpose such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident.
• Under Rule 609(e), which statement about a witness's religious beliefs is correct?
• Under Rule 403, when may the court exclude relevant evidence?
• Which rule provides that insurance evidence in civil cases is not admissible to prove negligence but may be offered for another purpose?
• Under 201(b), what must the court do when a party properly requests judicial notice?
• How do 608(a) and 608(b) interact when impeaching a witness for truthfulness?
• Which category relates to reputation concerning character?
• What does Rule 404(b) prohibit, and what are permissible non-propensity purposes for other acts?
• To attack a witness's character for truthfulness by evidence of a conviction, what must the court find about the crime's elements under Rule 609(a)(1)?
• Which of the following is a permissible purpose under Rule 404(b)(2) for admitting evidence of other crimes?
• Under Rule 201, when may a court take judicial notice?
• Which statement correctly describes opinions addressing ultimate issues?
• When examining a witness about a prior statement, what must be shown to the adverse party on request?
• Which rule provides the general prohibition that hearsay is not admissible unless provided by exceptions?
• Rules 413-415 say that evidence of a defendant's or victim's sexual behavior or predisposition is admissible in certain sex offense cases, subject to limitations.
• A declarant's prior statement offered as not hearsay that is inconsistent with testimony and is given while testifying is admitted under which rule?
• In a civil case, evidence that a person was insured against liability is not admissible to prove negligence; the court may accept this evidence for another purpose. Is this statement true or false?
• Which statement best describes the general rule about competence to be a witness?
• What number is associated with labeling the rules as the Mock Trial Rules of Evidence?
• According to 201(e), how does jury notice differ between civil and criminal cases?
• Under Rule 901, which statement best describes what is required to authenticate physical or documentary evidence?
• Hearsay exceptions: Excited utterance. Which rule?
• Under Rule 201, judicial notice applies to facts that are generally known or capable of accurate determination by sources whose accuracy cannot be reasonably questioned.
• Under which subsection must the court take judicial notice if a party requests it and the court is supplied with proper information?
• What kinds of official public records are admissible under Rule 803(8)?
• Under Rule 407, why is evidence of compromise negotiations generally not admissible?
• What does Rule 407 say about subsequent remedial measures?
• Which number marks the label used for the official rules?
• Under Rule 801(d)(2)(E), when is a co-conspirator's statement admissible against the other conspirators?
• Under Rule 803(8) official records, which are included?
• Does testimony about a witness's character for truthfulness waive the privilege against self-incrimination if it relates only to credibility?
• Under Rule 408(b), which item is not admissible to prove liability?
• In a criminal proceeding, a statement described in 401(a)(3) or (4) may be admitted for perjury or false statement only if what condition is met?
• Which hearsay exception applies to the absence of a record of regularly conducted activity?
• Which type of communication is excluded from evidence on grounds of public policy?
• Which of the following statements best describes the 'official records' category in record-based exceptions?
• Under Rule 404(b), evidence of crimes may be admissible for purposes such as motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident.
• Under Rule 410, is a guilty plea that was later withdrawn admissible against the defendant?
• Which statement best describes the admissibility of a witness's character for credibility under Rule 607, 608, and 609?
• Which statement correctly summarizes the admissibility conditions for extrinsic evidence of a prior inconsistent statement?
• Under Rule 606(a), which statement about jurors testifying about deliberations is correct?
• When may a prior consistent statement be admitted for rehabilitation under Rule 613?
• Which number marks the rule that states the rules are to be cited?
• Under Rule 705, may an expert's opinion be given without first testifying about the underlying data?
• Who among the following may attack a witness’s credibility according to the rules of evidence?
• Which statement is not admissible as evidence against the defendant in relation to pleas and plea proceedings?
• Which statement best describes the standard under Rule 702 for admissibility of expert testimony?
• In a sexual offense case, can the defendant introduce evidence of the victim's sexual behavior to prove consent?
• Which exception concerns reputation concerning character?
• Which statement is an example of a privilege under public policy as it relates to evidence exclusion?
• Hearsay exceptions: Then-existing mental, emotional, or physical condition. Which rule?
• Which statement best reflects the rule on leading questions?
• The court may accept a statement described in 401(a)(3) or (4) in a criminal proceeding for perjury or false statement if the defendant made the statement under what conditions?
• Which option identifies the rule that addresses the admissibility of statements when the declarant is unavailable?
• Which rule addresses statements describing events as they happen or immediately after?
• Which option could be considered the most direct identification of the document’s formal name in the material?
• Which option most directly names the official title of the rules in the material?
• Which refers to statements found in ancient documents?
• When may the absence of a business entry be admitted under Rule 803(7)?
• Under Rule 608(b), convictions for crimes punishable by death or imprisonment for more than one year are admissible to attack credibility in which situation?
• In a criminal case, an expert may not state an opinion about whether the defendant had a mental state constituting an element of the crime. This prohibition is found in which rule?
• Under which provisions may a witness's character be admitted for impeachment or credibility?
• Under Rule 902, which documents are self-authenticating?
• What is the difference between an admission by a party-opponent under Rule 801(d)(2) and an admission by a party's agent under Rule 801(d)(2)(D)?
• What does Rule 406 permit to prove conduct in accordance with routine practice?
• Hearsay exceptions: Statement made for medical diagnosis or treatment. Which rule?
• Which is NOT a proper form of prior statement under Rule 801(d)(1)?
• Which exception allows admission of a record of a matter once perceived by a witness but now forgotten, provided conditions are met?
• Which statement correctly describes the scope of cross-examination in relation to direct examination?
• Which hearsay exception covers the absence of a public record?
• Under Rule 611(a), which of the following is NOT included in the court's control?
• An expert may state an opinion without testifying as to the underlying facts, and those facts may be inquired upon in cross. This is governed by which rule?
• What does Rule 608(a) permit on cross-examination about a witness’s truthfulness?
• Which statement best describes habit evidence?
• Which term is contrasted with legislative fact in the rules governing judicial notice?
• Which line in the material introduces the topic of declarant unavailable hearsay exclusions?
• Under Rule 705, how may an expert testify about underlying data?
• Rule 611(a) requires the court to exercise reasonable control over what aspect of proceedings?
• Rule 409 addresses payments for medical expenses. Which statement accurately describes Rule 409?
• How do statements of co-conspirators operate under Rule 801(d)(2)(E)?
• Under Rule 408(a)(2), is it correct that the court may admit evidence from compromise negotiations for purposes such as proving a witness's bias or prejudice?
• Who may attack a witness's credibility under Rule 607?
• Which of the following is NOT a valid method to authenticate a photographic lineup or digital image under Rule 901?
• Are communications between psychiatrist and patient generally excluded from evidence on public policy grounds?
• Which statement best describes Rule 609's impeachment framework?
• Under which subsection is relevance defined as evidence is relevant if the fact is of consequence in determining the action?
• Under which subsection may the court take judicial notice at any stage of trial?
• Hearsay within hearsay is not excluded by the rule against hearsay if both instances meet what?
• Under Rule 609(a)(2), when is a conviction admissible after ten years?
• What is the admissibility of prior identifications under Rule 801(d)(1)?
• Under Rule 702, when may experts testify?
• Which statement correctly describes the admissibility of pleas and plea discussions in criminal proceedings?
• Under Rule 609(c), when is a juvenile adjudication admissible?
• Are party admissions under Rule 801(d)(2) considered hearsay?
• Which statement best describes a present sense impression under Rule 803(1)?
• Which hearsay exception covers records of regularly conducted activity?
• Not hearsay: a declarant witness's prior statement. Which rule?
• How does Rule 901 authenticate a photographic lineup or digital image?
• Who may attack a witness's credibility?
• Under Rule 408(a)(2), which is a permissible purpose for admitting evidence related to settlement negotiations?
• Under Rule 609, what factor generally makes a prior conviction more probative?
• Under which subsection may the court notice facts out of dispute (2+2=4)?
• Which exception deals with a judgement of a previous conviction?
• Under Rule 408(a)(1), are conduct or statements made during compromise negotiations admissible to prove the validity or amount of a claim?
• Which rule governs statements made for medical diagnosis or treatment?
• Evidence of a witness's character may be admitted under 607, 608, and 609.
• What is the official name of the rules described in the material?
• Under Rule 404(a)(1), evidence of a person's character is not admissible to prove that the person acted in accordance with that character.
• Evidence of a crime, wrong, etc. is not admissible to prove a person's character to show that they acted in accordance with that character.
• How does Rule 803(18) apply to learned treatises used by experts?
• Which of the following would be admissible as habit evidence?
• Which provision covers declarant unavailable hearsay exceptions?
• What does the Best Evidence Rule require under Rule 1002?