Presentation of Evidence, MBE prep certification 2026

Progress: 24% (23/94)

Learning progress ?

1. The admissibility of the note as a dying declaration isNot learned 2. Which one of the following is the LEAST likely to be admissible during the prosecution's rebuttal?Not learned 3. Which of the following is correct?Not learned 4. The question isNot learned 5. Which of the following statements is most clearly correct with respect to possible judicial notice of the fact that Capitan is the state's capital?Not learned 6. This question isNot learned 7. On the issue of the expert's qualifications, the letter may be considered byNot learned 8. Whether this presumption should be applied is to be determined according toNot learned 9. The defendant's testimony isNot learned 10. Before permitting evidence of the dying declaration, the judge should hear evidence on the issue fromNot learned 11. The defendant's motion for a new trial would be most likely granted if the juror is willing to testify that he voted for the plaintiff because heNot learned 12. The question isNot learned 13. This evidence should beNot learned 14. The prosecutor has presented evidence showing that the son has personal knowledge of the incident, understands the oath to testify truthfully, and has the cognitive ability of a seven-year-old. The son's testimony should beNot learned 15. The plaintiff's testimony isNot learned 16. The testimony of the witness isNot learned 17. Is the affidavit properly considered by the court in ruling on the admissibility of the pedestrian's statement?Not learned 18. Which of the following would be an ERROR?Not learned 19. The question isNot learned 20. Which mode of proof of the conviction is LEAST likely to be permitted?Not learned 21. If the defendant now seeks to impeach the credibility of the gang member, which of the following is the court most likely to admit?Not learned 22. Which of the following instructions regarding judicial notice may the judge legitimately give the jury?Not learned 23. Is the question about the prior convictions proper either to impeach the defendant or to prove that the defendant committed the crime?Not learned 24. Is the prosecutor’s question proper?Not learned 25. How should the court proceed?Not learned 26. Is the judge’s testimony regarding the defendant’s statement admissible?Not learned 27. Should the defendant’s cross-examination of the manager be permitted over the plaintiff’s objection?Not learned 28. Is the bank teller’s testimony admissible?Not learned 29. Is the instruction proper?Not learned 30. On cross-examination, should the court allow the plaintiff to elicit from the witness the fact that he is an adjuster for the defendant’s insurance company?Not learned 31. Is the testimony of the police officer about the prior drug transaction admissible to impeach the defendant?Not learned 32. How should the court respond?Not learned 33. How should the court rule with respect to this offered testimony?Not learned 34. If the man sues the neighbor for personal injury damages, which of the following actions must the trial court take if requested by the man?Not learned 35. How should the court proceed?Not learned 36. Should the court permit the question?Not learned 37. For which party, if either, should the court direct a verdict?Not learned 38. Is this question proper?Not learned 39. Should the court allow evidence of the conviction?Not learned 40. Is the information admissible?Not learned 41. Is the prosecutor’s proposed cross-examination proper?Not learned 42. For what purpose(s) is the plaintiff’s question permissible?Not learned 43. Should the court admit the informant’s opinion testimony that the substance was cocaine?Not learned 44. Is the question proper?Not learned 45. Should the court permit this use of the report?Not learned 46. Which one of the following areas of questioning is most likely to be held beyond the proper scope of cross-examination?Not learned 47. Has the issue of admissibility been preserved for appeal?Not learned 48. Should the court admit the investigator’s testimony about the witness’s out-of-court statement?Not learned 49. How should the judge rule on the prosecutor’s objection?Not learned 50. Did the trial judge exceed her authority in ordering the plaintiff to testify first?Not learned 51. Can the witness’s testimony be considered by the grand jury?Not learned 52. Is the probation officer’s testimony admissible in the probation revocation proceeding?Not learned 53. Should the court allow the investigator’s testimony about the girlfriend’s prior statement?Not learned