Best Evidence
Best Evidence Wisconsin Bar Exam Topic Index Wisconsin Bar Exam Topic Index Best Evidence Complete Wisconsin Bar Exam Topic Index List 2026 Notes Official Sources Wisconsin Bar Exam Topic IndexThis entry is part of the W...
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Evidence
Evidence Wisconsin Bar Exam Topic Index Wisconsin Bar Exam Topic Index Evidence Complete Wisconsin Bar Exam Topic Index List 2026 Notes Official Sources Wisconsin Bar Exam Topic IndexThis entry is part of the Wisconsin B...
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A plaintiff offers a photocopy of a signed promissory note. The defendant admits signing a note but offers evidence t...
...fter signing. The original is available but not produced. What is the best Article X ruling? Admit the photocopy automatically because duplicates are always treated as originals. Admit the photocopy only if the defendant...
Citations: Federal Rule of Evidence 1003
A contractor sues an owner for payment. The owner has the only signed change order. The contractor served a pleading...
...ring it. The contractor offers testimony about its terms. What is the best ruling? Admit the testimony because the owner had control, notice, and failed to produce the original. Exclude the testimony because the contract...
Citations: Federal Rule of Evidence 1004(c)
A defendant's summary-judgment motion cites record evidence that the plaintiff missed a contractual notice deadline....
...otice deadline at all and cites no contrary evidence. Which statement best describes the court's options under Rule 56(e)? A deficient summary-judgment response can have serious consequences, but Rule 56(e) gives the cou...
Citations: Fed. R. Civ. P. 56(e)
A defendant's summary-judgment motion cites record evidence that the plaintiff missed a contractual notice deadline....
...otice deadline at all and cites no contrary evidence. Which statement best describes the court's options under Rule 56(e)? A deficient summary-judgment response can have serious consequences, but Rule 56(e) gives the cou...
Citations: Fed. R. Civ. P. 56(e)
A grand jury hears evidence that would likely be suppressed from the prosecution's case-in-chief at a later criminal...
...ks the court to exclude the evidence from the grand jury. What is the best answer? This MCQ tests grand-jury limits on the exclusionary rule. United States v. Calandra
Citations: United States v. Calandra
A plaintiff in a civil battery case offers evidence that the defendant has started bar fights every Friday night for...
...offered to show defendant likely started this fight too. What is the best ruling? Admit it as habit because repeated misconduct is always habit. Exclude it as character or propensity evidence unless another rule or prop...
Citations: Federal Rule of Evidence 403, Federal Rule of Evidence 404(b), Federal Rule of Evidence 105
The prosecution offers a bag of white powder. An officer testifies that he sealed the powder in an evidence bag with...
...the sealed bag from the locker to the lab is unavailable. What is the best authentication ruling? Exclude the powder because every person who handled it must testify. Admit the powder if the chain evidence is sufficient...
Citations: Federal Rule of Evidence 901(a)
The prosecution offers other-act evidence for motive. The prior act is graphic, only weakly connected to the charged...
...e same motive can be shown through neutral text messages. What is the best defense argument? Rule 404(b) requires admission once motive is named. Rule 403 supports exclusion because the unfair prejudice and cumulative na...
Citations: Federal Rule of Evidence 403, Federal Rule of Evidence 404(b), Federal Rule of Evidence 105
A bank offers a spreadsheet summarizing 20,000 loan-payment records to prove total missed payments. The records are a...
...r for copying two months before trial. The borrower objects under the best-evidence rule. What is the best ruling? Overrule the objection because Rule 1006 permits a summary when the underlying materials are voluminous a...
Citations: Federal Rule of Evidence 1006
A company offers a printed report generated from its payroll database to prove the amount paid to an employee. A reco...
...ts that only the database file itself can be an original. What is the best ruling? Sustain the objection because ESI originals must always be native files. Sustain the objection unless every payroll entry clerk testifies...
Citations: Federal Rule of Evidence 1001(d)
A criminal defendant properly offers evidence of his peaceful character. Defense counsel asks the character witness o...
...es the defendant avoided fights. The prosecution objects. What is the best ruling? Overrule the objection because specific instances are always allowed on direct when character is relevant. Overrule the objection only if...
Citations: Federal Rule of Evidence 405(a)
A party offers a certified copy of a recorded deed to prove the deed's contents. The opponent objects that the origin...
...original deed in the recorder's office must be produced. What is the best ruling? Sustain the objection because public records must always be proved by the original. Sustain the objection unless the original deed has be...
Citations: Federal Rule of Evidence 1005
A party offers evidence that depends on a long chain of inferences: a witness saw a blue car near a city, defendant o...
...dant was at the scene. Several key links are unsupported. What is the best objection? All inferential evidence is inadmissible. The evidence is automatically admissible because it mentions defendant. The court should ask...
Citations: Federal Rule of Evidence 401, Federal Rule of Evidence 402, Federal Rule of Evidence 403, Federal Rule of Evidence 104(b)
A pedestrian sues after a collision. A witness testifies that she personally saw the traffic light turn red before th...
...e plaintiff does not offer the video. The defendant objects under the best-evidence rule. How should the court rule? Overrule the objection because the witness is proving what she perceived, not the content of the video...
Citations: Federal Rule of Evidence 1002
A plaintiff offers evidence that a store changed its checkout layout after the plaintiff fell. The plaintiff offers i...
...only to prove the store was negligent before the fall. Which response best identifies the issue? The evidence is always admissible because later changes are highly relevant. The evidence may implicate a specific exclusio...
Citations: Federal Rule of Evidence 401, Federal Rule of Evidence 402, Federal Rule of Evidence 403, Federal Rule of Evidence 104(b)
A plaintiff offers testimony about the terms of an alleged signed settlement agreement. The defendant disputes that a...
...defendant disputes that any signed agreement ever existed. Under the best-evidence rules, who ordinarily decides that existence dispute? The judge always decides it conclusively as a preliminary question. The court cler...
Citations: Federal Rule of Evidence 1008
A prosecutor offers evidence that the defendant owned the same rare tool used in a burglary. The defense says thousan...
...s thousands of people own tools, so the evidence is weak. What is the best relevance analysis? Exclude it because weak evidence is never relevant. Admit it as relevant if it makes defendant's access to the burglary tool...
Citations: Federal Rule of Evidence 401, Federal Rule of Evidence 402, Federal Rule of Evidence 403, Federal Rule of Evidence 104(b)
A restaurant sues a supplier over a written delivery schedule. The restaurant manager testifies that the original sch...
...e supplier objects that the original schedule is missing. What is the best ruling? Exclude the testimony because secondary evidence of content is never permitted. Exclude the testimony unless the supplier had a copy and...
Citations: Federal Rule of Evidence 1004(a)
A warrant authorizes police to search "all places owned or used by the suspect and seize evidence of crime." The affi...
...the warrant to search the suspect's office across town. Which is the best Fourth Amendment objection? The warrant is invalid because it fails to particularly describe the place to be searched and items to be seized. The...
Citations: U.S. Const. amend. IV