Character Evidence to Prove Conduct: A Comprehensive Guide for Law Students

Question 1

Which of the following is NOT a requirement for the admission of character evidence to prove conduct under Rule 404(a)(1)?

Accepted Answer

The evidence must be based on reputation or opinion testimony.

Answer

The evidence must be relevant to the charged offense.

Answer

The evidence must be admissible under the rules of evidence.

Answer

The probative value of the evidence must outweigh its prejudicial effect.

Question 2

Which of the following is NOT a permissible use of character evidence under Rule 404(b)?

Accepted Answer

To prove the defendant's propensity to commit crimes

Answer

To prove the defendant's motive

Answer

To prove the defendant's intent

Answer

To rebut character evidence offered by the defendant

Question 3

Which of the following character traits is generally inadmissible to prove conduct in accordance with it?

Accepted Answer

Criminal record

Answer

Honesty

Answer

Temperance

Answer

Truthfulness

Question 4

In a criminal case, which party has the burden of proof to introduce evidence of good character?

Accepted Answer

Defendant

Answer

Prosecution

Question 5

Which factor is NOT considered when determining the admissibility of character evidence under Rule 403?

Accepted Answer

Speedy trial rights

Answer

Probationary value

Answer

Prejudice

Answer

Confusion of the issues

Question 6

Is expert testimony generally admissible to prove a person's character?

Accepted Answer

No

Answer

Yes

Question 7

The rule that limits the use of extrinsic evidence to impeach a witness's credibility on a collateral matter is:

Accepted Answer

Rule 608(b)

Answer

Rule 403

Answer

Rule 803(24)

Answer

Rule 901(b)(4)

Question 8

When a witness testifies about a person's character, the witness may testify about:

Accepted Answer

A and C

Answer

Their own personal opinion of the person's character

Answer

The reputation of the person in the community

Answer

Specific instances of the person's conduct that are similar to the conduct at issue in the case

Question 9

Which of the following is NOT a purpose for which character evidence may be introduced?

Accepted Answer

To establish a criminal profile of the defendant

Answer

To prove conduct in conformity with the trait

Answer

To impeach a witness

Answer

To prove motive

Question 10

The rule that character evidence is not admissible to prove a person's propensity to act in accordance with that trait is known as:

Accepted Answer

The propensity rule

Answer

The exclusionary rule

Answer

The relevance rule

Answer

The hearsay rule

Question 11

In which of the following situations is evidence of a defendant's violent character admissible to prove conduct?

Accepted Answer

To prove the defendant killed the victim in a bar fight

Answer

To prove the defendant committed a bank robbery

Answer

To prove the defendant was driving recklessly

Answer

To prove the defendant lied on a job application

Question 12

Which of the following is a requirement for admitting evidence of a witness's character for truthfulness?

Accepted Answer

The impeachment must be based on a conviction for a crime involving dishonesty

Answer

The character witness must have known the witness for at least five years

Answer

The character witness must be an expert in psychology

Answer

The witness must have a reputation for dishonesty

Question 13

Which of the following is a strategic consideration when using character evidence to prove conduct?

Accepted Answer

The strength of the character evidence should be weighed against the potential prejudice it may create

Answer

Character evidence should only be used when there is no other evidence to prove conduct

Answer

Character evidence is always admissible to prove conduct, regardless of its relevance

Answer

Character evidence should be presented through expert testimony

Question 14

What is the purpose of the "balancing test" used when considering the admissibility of character evidence?

Accepted Answer

To determine whether the probative value of the evidence outweighs its prejudicial effect

Answer

To ensure that the defendant's character is not unfairly attacked

Answer

To prevent the jury from considering irrelevant or cumulative evidence

Answer

To limit the scope of the character evidence to specific traits

Question 15

What is the hearsay exception that allows the admission of reputation evidence for certain character traits?

Accepted Answer

Character evidence exception

Answer

Excited utterance exception

Answer

Business records exception

Answer

Ancient documents exception

Question 16

Which of the following is NOT a permissible purpose for introducing character evidence under FRE 404(a)?

Accepted Answer

Proving propensity to commit a specific crime

Answer

Establishing motive

Answer

Impeaching a witness's testimony

Answer

Showing a relevant character trait

Question 17

When is character evidence admissible to prove a defendant's motive under FRE 404(b)?

Accepted Answer

When any of the above conditions are met

Answer

Only when the defendant has denied having a motive

Answer

Only when the defendant has put their character in issue

Answer

Only when the prosecution has offered evidence of the defendant's good character

Question 18

Which of the following is NOT a required element for admitting specific instances of conduct under FRE 608(b) to prove character, subject to FRE 403's balancing test?

Accepted Answer

The conduct must show a pattern of similar behavior

Answer

The conduct must have occurred within a reasonable time of the charged offense

Answer

The conduct must be proven by a witness who has personal knowledge of it

Answer

The conduct must be logically connected to the charged offense

Question 19

What is the purpose of the '404(b) Notice', as set forth in FRE 404(b)?

Accepted Answer

To provide the defendant with notice of the government's intent to offer character evidence

Answer

To provide the government with notice of the defendant's intent to offer character evidence

Answer

To provide the court with a detailed record of the defendant's prior criminal convictions

Answer

To exclude character evidence from the trial

Question 20

What is the 'similar acts' doctrine under FRE 404(b)?

Accepted Answer

Evidence of a defendant's prior bad acts is admissible to prove a variety of facts, including their motive, intent, or identity, subject to the balancing test under FRE 403

Answer

Evidence of a defendant's prior bad acts is admissible to only prove their propensity to commit the charged offense

Answer

Evidence of a defendant's prior bad acts is admissible to show that they are a generally bad person

Answer

Evidence of a defendant's prior bad acts is not admissible for any purpose

Question 21

What is the general rule regarding the admissibility of character evidence under FRE 404(a)?

Accepted Answer

Evidence of a person's character is not admissible to prove that they acted in conformity with that character on a specific occasion

Answer

Evidence of a person's character is admissible to prove that they acted in conformity with that character on a specific occasion

Answer

Evidence of a person's character is admissible to prove that they are generally good or bad

Answer

Evidence of a person's character is admissible for any purpose

Question 22

Under FRE 404(b), in which of the following circumstances is evidence of a person's prior bad acts admissible to establish motive?

Accepted Answer

To show that the person has a motive for committing the crime charged

Answer

To prove that the person committed the crime charged

Answer

To demonstrate the person's propensity to commit crimes

Answer

To impeach the person's credibility as a witness

Question 23

When weighing the probative value of character evidence against its potential for prejudice under FRE 403, which of the following is NOT a factor that the court should consider?

Accepted Answer

The defendant's constitutional right to a fair trial

Answer

The strength of the evidence

Answer

The significance of the character trait to the offense charged

Answer

The likelihood that the evidence will mislead the jury

Question 24

Under Rule 403, which principle is considered when determining the admissibility of character evidence?

Accepted Answer

The court balances the evidence's probative value against the risk of prejudice, confusion, or misleading the jury.

Answer

The court only considers the relevance of the character evidence to the charged offense.

Answer

The court disregards the defendant's right to a fair trial.

Question 25

Which of the following is NOT a permissible purpose for admitting character evidence under Federal Rule of Evidence 404(a)?

Accepted Answer

To prove a person's opportunity to commit a crime

Answer

To prove a person's character in order to show that on a specific occasion the person acted in accordance with that character

Answer

To prove a person's motive for committing a crime

Answer

To prove a person's intent to commit a crime

Question 26

Under FRE 404(b), evidence of other crimes, wrongs, or acts is admissible to prove a person's character for a trait that is:

Accepted Answer

Material to the charged offense

Answer

Immaterial to the charged offense

Answer

Implied by the charged offense

Answer

Similar to the charged offense

Question 27

The "bad character" rule generally prohibits the prosecution from introducing evidence of a defendant's prior convictions:

Accepted Answer

During the prosecution's case-in-chief

Answer

During the defendant's case-in-chief

Answer

During the defendant's cross-examination

Answer

During the prosecution's rebuttal case

Question 28

Compare and contrast the approaches of the Federal Rules of Evidence (FRE) and the Uniform Rules of Evidence (URE) in their treatment of character evidence.

Accepted Answer

FRE allows broader use of character evidence to prove conduct, while URE limits it to specific situations like motive or intent.

Answer

URE allows wider use of character evidence compared to FRE.

Answer

FRE and URE have identical rules for character evidence admissibility.

Question 29

Under FRE 404(b)(3), character evidence may be admitted to prove consent in:

Accepted Answer

Sexual assault cases

Answer

Homicide cases

Answer

Robbery cases

Answer

Larceny cases

Question 30

The "bad character" rule prohibits the prosecution from introducing evidence of the accused's:

Accepted Answer

Bad character

Answer

Good character

Answer

Prior convictions

Answer

Criminal history

Question 31

Under Federal Rule of Evidence (FRE) 404(a)(1), which requirement must be met to admit character evidence to prove conduct in accordance with character?

Accepted Answer

The character trait must be pertinent to the conduct at issue.

Answer

The defendant must have put their character at issue in the case.

Answer

The character witness must have a personal opinion about the defendant's character.

Question 32

Which of the following is an appropriate use of character evidence under FRE 404(b)(2)?

Accepted Answer

To prove that the defendant acted in conformity with their character in committing the crime charged.

Answer

To prove that the defendant is a generally bad person.

Question 33

When considering the admissibility of character evidence under FRE 404(b), which factor is crucial?

Accepted Answer

Whether the prejudicial impact of the evidence outweighs its probative value.

Answer

Whether the defendant has a prior criminal record.

Answer

Whether the character evidence is relevant to the crime charged.

Question 34

Regarding FRE 405(b), which constraint applies to the use of reputation evidence to prove character?

Accepted Answer

The reputation must be based on a sufficient number of individuals.

Answer

The reputation must originate from individuals who witnessed the defendant's conduct during the relevant period.

Answer

The reputation must come from individuals who have a close relationship with the defendant.

Question 35

Which of the following is NOT a limitation on the use of character evidence?

Accepted Answer

Character evidence cannot be used to impeach the credibility of a witness.

Answer

Character evidence must be relevant to the conduct at issue.

Answer

Character evidence must be admissible under the rules of evidence.

Answer

Character evidence must not be unduly prejudicial.

Question 36

What is the purpose of the "bad acts" exception to the general rule of excluding character evidence?

Accepted Answer

To allow evidence of specific bad acts to be admitted to prove a person's conduct on a specific occasion.

Answer

To allow evidence of good acts to be admitted to prove character.

Answer

To allow evidence of character to be admitted to prove conduct.

Question 37

Which of the following is NOT a requirement for admitting evidence of specific bad acts under the bad acts exception?

Accepted Answer

The bad acts must be offered to prove character.

Answer

The bad acts must have occurred within a reasonable time of the conduct at issue.

Answer

The bad acts must be similar to the conduct at issue.

Answer

The bad acts must be relevant to the conduct at issue.

Question 38

What is the purpose of the "similar crimes" exception to the general rule of excluding character evidence?

Accepted Answer

To allow evidence of similar crimes to be admitted to prove identity, motive, opportunity, intent, plan, knowledge, or absence of mistake or accident.

Answer

To allow evidence of similar crimes to be admitted to prove motive.

Answer

To allow evidence of similar crimes to be admitted to prove intent.

Question 39

Which of the following is NOT a requirement for admitting evidence of similar crimes under the similar crimes exception?

Accepted Answer

The similar crimes must be offered to prove character.

Answer

The similar crimes must have been committed by the defendant.

Answer

The similar crimes must have occurred within a reasonable time of the crime at issue.

Question 40

What is the purpose of the "habit" exception to the general rule of excluding character evidence?

Accepted Answer

To allow evidence of habit to be admitted to prove conduct on a specific occasion in accordance with the habit.

Answer

To allow evidence of character to be admitted to prove habit.

Answer

To allow evidence of habit to be admitted to prove character.

Question 41

What is the purpose of the "character in issue" exception to the general rule of excluding character evidence?

Accepted Answer

To allow evidence of character to be admitted when the defendant or a witness has put their character in issue.

Answer

To allow evidence of character to be admitted to prove conduct.

Answer

To allow evidence of reputation to be admitted to prove character.

Question 42

In a criminal trial where a defendant is accused of assault, the prosecution attempts to introduce evidence of the defendant's history of violence. What is the most likely outcome of this attempt?

Accepted Answer

The evidence is likely inadmissible as it's generally prohibited to use character evidence to show a person acted in conformity with their character.

Answer

The evidence is admissible because it demonstrates the defendant's tendency towards violence.

Answer

The evidence is admissible only if the defendant's prior violent acts are similar to the alleged assault.

Answer

The admissibility depends on whether the defendant's history of violence is a matter of public record.

Question 43

A witness testifies in a trial that they saw the defendant commit a crime. The defendant's attorney wants to introduce evidence of the witness's history of lying.  What is the most accurate statement about this evidence?

Accepted Answer

This evidence is admissible to challenge the witness's credibility.

Answer

This evidence is admissible only if the witness's history of lying directly relates to the crime.

Answer

This evidence is inadmissible because it's character evidence offered to prove conduct in conformity with character.

Answer

The admissibility depends on whether the witness's history of lying is a matter of public record.

Question 44

A defendant is on trial for robbery. The prosecution wants to introduce evidence of a prior robbery conviction by the defendant.  What is the most accurate statement about this evidence?

Accepted Answer

The evidence is generally inadmissible as it's used to prove the defendant's propensity to commit crimes.

Answer

The evidence is admissible because it shows the defendant's pattern of criminal behavior.

Answer

The admissibility depends on whether the defendant's prior conviction was a felony or a misdemeanor.

Answer

The evidence is admissible only if the prior robbery conviction is similar to the current robbery charge.

Question 45

A plaintiff is suing a defendant for breach of contract. The plaintiff wants to introduce evidence that the defendant has a reputation for being untrustworthy. How would the court likely rule on this evidence?

Accepted Answer

The evidence is likely inadmissible because it's character evidence offered to prove conduct in accordance with character and is not directly relevant to the breach of contract issue.

Answer

The evidence is admissible because it's relevant to the defendant's character for honesty, which is relevant in contract cases.

Answer

The evidence is inadmissible unless the plaintiff can prove the defendant's untrustworthiness through specific instances of dishonest behavior.

Answer

The evidence is admissible only if the defendant's reputation for untrustworthiness is widely known in the relevant business community.

Question 46

A witness is testifying in a criminal trial. The witness has a prior conviction for perjury. The prosecutor wants to introduce this prior conviction to challenge the witness's credibility. Which statement about this evidence is most accurate?

Accepted Answer

The evidence is admissible because a prior conviction for perjury directly reflects on the witness's truthfulness.

Answer

The evidence is inadmissible because it's character evidence offered to prove conduct in conformity with character.

Answer

The evidence is admissible only if the witness's prior conviction is for a felony.

Answer

The admissibility depends on whether the witness has admitted to their prior conviction.

Question 47

A defendant in a murder trial wants to introduce evidence that the victim had a reputation for violence and had threatened the defendant.  What is the most likely outcome of this attempt?

Accepted Answer

The evidence is admissible to show that the victim was the aggressor and support the defendant's claim of self-defense.

Answer

The evidence is admissible only if the defendant can provide specific instances of the victim's violent behavior.

Answer

The evidence is inadmissible because it's character evidence offered to prove conduct in conformity with character.

Answer

The admissibility depends on whether the victim's reputation for violence is widely known in the community.

Question 48

A plaintiff is suing a defendant for negligence. The plaintiff wants to introduce evidence that the defendant has a history of reckless driving.  How would the court likely rule on this evidence?

Accepted Answer

The evidence is likely inadmissible because it's character evidence offered to prove conduct in accordance with character and is not directly relevant to whether the defendant was negligent in this specific case.

Answer

The evidence is admissible only if the defendant's history of reckless driving includes instances similar to the alleged negligence.

Answer

The admissibility depends on whether the defendant's history of reckless driving is a matter of public record.

Answer

The evidence is admissible because it's relevant to the defendant's character for recklessness, which is relevant in negligence cases.

Question 49

Which of the following is NOT a valid use of character evidence to prove conduct?

Accepted Answer

To show that the defendant has a good reputation for honesty

Answer

To show that the defendant has a propensity to commit the crime charged

Answer

To show that the defendant has a specific plan to commit the crime charged

Question 50

Under Rule 404(a)(1) of the Federal Rules of Evidence, character evidence may be admitted to prove conduct if it is:

Accepted Answer

Pertinent to the crime charged

Answer

Offered by the prosecution only

Answer

Offered by the defense only

Answer

Relevant to the defendant's character

Question 51

Which of the following is a permissible method for proving a defendant's character?

Accepted Answer

Through the testimony of witnesses who have observed the defendant's conduct

Answer

Through the introduction of evidence of specific instances of the defendant's past conduct

Answer

Through the defendant's own testimony about his or her character

Question 52

When is evidence of a defendant's prior convictions admissible under Rule 404(b) of the Federal Rules of Evidence?

Accepted Answer

To prove a material element of the crime charged

Answer

To prove the defendant's propensity to commit the crime charged

Answer

To impeach the defendant's credibility

Answer

To rebut evidence of the defendant's good character

Question 53

Which of the following is NOT a factor that a court may consider when deciding whether to admit evidence of a defendant's prior convictions under Rule 404(b)?

Accepted Answer

The similarity of the prior conviction to the crime charged

Answer

The remoteness in time of the prior conviction

Answer

The defendant's age at the time of the prior conviction

Question 54

Can evidence of a defendant's prior bad acts be admitted under Rule 404(b) to prove that the defendant committed the crime charged?

Accepted Answer

Yes, if the bad acts are so similar to the crime charged that they are probative of the defendant's intent

Answer

Yes, if the bad acts are similar to the crime charged but do not involve an element of intent

Question 55

Which of the following is a valid objection to the admission of evidence of a defendant's prior convictions?

Accepted Answer

The probative value of the evidence is substantially outweighed by the danger of unfair prejudice

Answer

The evidence is hearsay

Answer

The evidence is irrelevant

Question 56

When may evidence of a defendant's reputation for peacefulness be admitted?

Accepted Answer

To rebut evidence that the defendant acted in self-defense

Answer

To prove that the defendant is incapable of committing the crime charged

Answer

To show that the defendant is a good person

Question 57

Which of the following is NOT a permissible method for impeaching a witness with evidence of a prior conviction?

Accepted Answer

Through cross-examination of the witness

Answer

Through the introduction of extrinsic evidence

Answer

Through the introduction of evidence of the witness's reputation for truthfulness

Question 58

What is the purpose of the residual exception to the general prohibition on the admissibility of character evidence?

Accepted Answer

To allow the admission of character evidence that is not admissible under any other exception but is relevant to prove a material fact in the case

Answer

To allow the admission of character evidence that is otherwise inadmissible but is offered by the defendant