MBE Multistate Bar Examination — All Questions

Under the general rules of evidence, hearsay is best described as:

• a.Any statement made by a witness
• b.An out-of-court statement offered to prove the truth of the matter asserted✓
• c.Only written statements
• d.Testimony given under oath at trial

Hearsay is an out-of-court statement offered to prove the truth of the matter it asserts, and it is generally inadmissible unless an exception or exclusion applies. The precise definition and exceptions can vary somewhat by jurisdiction.

Under the general standard, evidence is relevant if it:

• a.Is favorable only to the prosecution
• b.Was gathered by the police
• c.Has any tendency to make a fact of consequence more or less probable✓
• d.Is always dramatic testimony

Relevant evidence has any tendency to make a fact of consequence more or less probable than it would be without the evidence. Relevant evidence is generally admissible, though it may be excluded if its probative value is substantially outweighed by unfair prejudice or other concerns.

Under the general rule, evidence of a person's character is:

• a.Ordinarily not admissible to prove that the person acted in conformity with that character on a particular occasion, subject to exceptions✓
• b.Always admissible for any purpose
• c.Admissible only in civil cases
• d.Never admissible for any reason

The general rule bars using character evidence to show that a person acted in conformity with a character trait (propensity) on a specific occasion, though there are recognized exceptions, such as certain uses in criminal cases. Jurisdictions vary in the details.