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MBE Prep Guide Sample Test Question:

Evidence Law

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Multi-State Bar Exam GuieMulti-State Bar Exam Guide-volume I- Torts, Contracts and Criminal Law

ANSWER: The best answer is (b). Evidence of a defendant's character is inadmissible to show conduct in conformity therewith. However, otherwise inadmissible character evidence may be used to show motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident. Here, the evidence is being used to show that Dixon knew that the televisions were stolen. It is admissible for that purpose, but not to show Dixon's character. Answer (a) is not the best choice. The rules of evidence do not require that the court make a preliminary finding before admitting relevant evidence for a proper purpose. Answer (c) is incorrect. The statement of a party may be admitted against him at trial. Answer (d) is not the best answer because, as discussed, the evidence may not be used as proof of Dixon's character.

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