Bar Exam (Uniform) Quiz: Relevance

20 questions · exam conditions

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RelevanceQuestion 1 of 20

In a wrongful death action arising from an automobile collision, the defendant's attorney seeks to introduce evidence of the decedent's high blood alcohol content at the time of the accident. The plaintiff's attorney objects on relevance grounds, arguing that the defendant was clearly at fault for running a red light and the decedent's intoxication is therefore immaterial. The jurisdiction has adopted a pure comparative negligence standard.

Is the evidence of the decedent's intoxication relevant? Select one.

No, because the defendant's action of running a red light was a superseding cause of the accident.

No, because the evidence would be unfairly prejudicial to the decedent's character and family.

Yes, because in a pure comparative negligence jurisdiction, the decedent's intoxication is relevant to the issue of his own negligence and the apportionment of damages.

Yes, but only if the defendant can first present evidence that the decedent's intoxication actually contributed to causing the accident.

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Bar Exam (Uniform) Quiz

Bar Exam (Uniform) Quiz: Relevance

Practice Relevance in Bar Exam (Uniform) with focused quiz questions that help you check what you know, review explanations, and build confidence with test-style prompts.

What this quiz covers

This quiz focuses on Relevance, giving you a quick way to practice the rules, question types, and explanations that matter most for Bar Exam (Uniform).

How to use this quiz

Try each quiz question before looking at the correct answer. Use the explanations to review missed ideas, then come back to similar questions until the pattern feels familiar.

All questions

Question 1

Is the evidence of the decedent's intoxication relevant? Select one.

No, because the defendant's action of running a red light was a superseding cause of the accident.
No, because the evidence would be unfairly prejudicial to the decedent's character and family.
Yes, because in a pure comparative negligence jurisdiction, the decedent's intoxication is relevant to the issue of his own negligence and the apportionment of damages. (correct answer)
Yes, but only if the defendant can first present evidence that the decedent's intoxication actually contributed to causing the accident.

Explanation: The correct answer is C. In a jurisdiction with pure comparative negligence, any negligence by the plaintiff (or the decedent in a wrongful death action) that contributed to the injuries can reduce the damage award. A person's intoxication is highly relevant to the question of whether they were acting with reasonable care. Therefore, the evidence has a direct bearing on the key legal issues of comparative fault and damages. (A) is incorrect because running a red light is not necessarily a superseding cause that would cut off the relevance of the decedent's own negligence. (B) describes an argument for exclusion under FRE 403, not a lack of relevance under FRE 401. The evidence is logically relevant even if it is also prejudicial. (D) states a condition that is often met by the evidence itself; intoxication is relevant precisely because it makes contributory causation more probable. It need not be proven separately before the evidence of intoxication is admitted.

Question 2

A landlord sues a tenant for unpaid rent. The tenant's defense is that she surrendered the apartment and the landlord accepted the surrender by taking back the keys without objection. At trial, the landlord seeks to introduce evidence that the tenant failed to pay rent on time on three prior occasions during the tenancy. The tenant objects that her prior late payments are irrelevant to the current dispute about surrender.

How should the court rule on the tenant's relevance objection? Select one.

Sustain the objection, because the tenant's history of late payments has no bearing on whether the landlord accepted a surrender of the lease. (correct answer)
Sustain the objection, because the evidence is improper character evidence intended to portray the tenant as a bad tenant.
Overrule the objection, because the prior late payments are relevant to show the tenant's motive to abandon the apartment and surrender the lease.
Overrule the objection, because the evidence establishes a habit of the tenant breaching the lease agreement.

Explanation: The correct answer is A. The central issue in the case is whether the landlord accepted the tenant's surrender of the premises, which is an issue of mutual agreement to terminate the lease. The tenant's past history of paying rent late does not make it more or less probable that such an agreement to surrender occurred. The past breaches are unrelated to the specific defense raised. (B) is also a valid argument, as the evidence could be seen as improper character evidence under FRE 404(a). However, the most direct reason for exclusion is the lack of any logical connection to the disputed fact, which is a pure relevance failure under FRE 401. (C) is a weak argument; while a history of financial trouble might suggest a motive to leave, mere late payments do not strongly establish this, and the link to the specific legal issue of 'acceptance of surrender' is tenuous. (D) is incorrect because three instances are generally insufficient to establish a 'habit' under FRE 406, which requires a more routine, specific, and consistent practice.

Question 3

A defendant is on trial for bank robbery. The prosecution's only identification evidence is a bank teller's testimony that the robber was 'tall and had a beard.' The defendant is tall and has a beard. The prosecution seeks to introduce evidence that, two days after the robbery, the defendant, who was previously unemployed, made a $5,000 cash deposit into his bank account. The defense objects that the evidence of the cash deposit is irrelevant.

How should the court rule on the defense's relevance objection? Select one.

Sustain the objection, because the weak identification evidence makes the cash deposit speculative and unfairly prejudicial.
Overrule the objection, because a sudden acquisition of unexplained cash by an unemployed person after a robbery is relevant circumstantial evidence of guilt. (correct answer)
Sustain the objection, because the prosecution cannot prove the deposited cash came from the bank robbery.
Overrule the objection, because the evidence is admissible to show the defendant's character for dishonesty.

Explanation: When you encounter evidence objections on the bar exam, focus on the basic relevance standard: does the evidence have any tendency to make a fact of consequence more or less probable? The standard is quite low - evidence doesn't need to be conclusive or even strongly probative to be relevant. The court should overrule the objection because circumstantial evidence of sudden, unexplained wealth following a crime is classically relevant to prove guilt. An unemployed defendant making a large cash deposit two days after a bank robbery creates a reasonable inference that he may have committed the crime. This evidence makes it more likely that the defendant is guilty, even if it doesn't prove guilt conclusively. Looking at the wrong answers: Choice A confuses relevance with prejudice - these are separate analytical steps under Federal Rule of Evidence 403. Even if identification evidence is weak, that doesn't make other relevant evidence irrelevant. Choice C misunderstands the relevance standard by requiring the prosecution to prove the cash's source definitively. Relevance only requires that evidence tend to prove a fact, not that it conclusively establish that fact. Choice D incorrectly characterizes this as character evidence - the cash deposit is being offered as circumstantial evidence of the specific crime, not to show the defendant's general character for dishonesty. Remember that relevance is a very permissive standard on the bar exam. Evidence is relevant if it has any logical connection to proving or disproving a material fact. Don't conflate relevance with other evidentiary concerns like prejudice or sufficiency of proof.

Question 4

A plaintiff brought a products liability action against a car manufacturer after her car's brakes failed, causing a crash. The manufacturer's defense is that the brake failure was caused by faulty maintenance performed by a third-party mechanic, not by a manufacturing defect. The manufacturer seeks to introduce the mechanic's service records for the plaintiff's car, which show that the mechanic used a type of brake fluid not recommended by the manufacturer. The plaintiff objects that the records are irrelevant without expert testimony linking the use of that fluid to the brake failure.

Is the evidence of the service records relevant, even without prior expert testimony? Select one.

No, because the relevance of the service records is conditioned on the fact that the wrong fluid can cause brake failure, a fact which requires expert testimony to establish.
No, because the service records constitute hearsay and are inadmissible without a proper foundation.
Yes, because the records show the mechanic failed to follow the manufacturer's recommendations, which is a form of negligence per se.
Yes, because the records themselves have a tendency to make an alternative cause for the brake failure more probable, subject to being connected up later with expert testimony. (correct answer)

Explanation: The correct answer is D. This question tests conditional relevance under FRE 104(b). The service records are relevant to an alternative cause theory, but only if the non-recommended fluid can actually cause brake failure. However, a court can admit the evidence 'subject to' the introduction of evidence sufficient to support a finding of the conditional fact later in the trial. Thus, the records are relevant and can be admitted before the expert testifies. (A) correctly identifies the issue as conditional relevance but reaches the wrong conclusion about the order of proof. A court has discretion to admit the conditionally relevant evidence first. (B) is incorrect because the objection is about relevance, not hearsay. The records might well qualify for the business records exception. (C) is incorrect because negligence per se relates to the violation of a statute, not a manufacturer's recommendation, and it is not the basis for the relevance of this evidence in a products liability case.

Question 5

A driver is sued for negligence after his car collided with a pedestrian in a crosswalk. The pedestrian's attorney seeks to introduce evidence that the driver was traveling 80 mph in a 55 mph zone ten miles before reaching the town where the accident occurred. The accident occurred in a 25 mph zone. The driver's attorney objects on relevance grounds, arguing the prior speeding is too remote.

Is the evidence of the driver's speed ten miles away from the accident scene admissible over a relevance objection? Select one.

Yes, because any evidence of speeding is relevant to show the driver has a propensity for negligent driving.
Yes, because the speed is probative of the driver's state of mind and disregard for safety, which could have continued until the accident.
No, because the driver's speed so far from the accident scene has no logical tendency to prove his speed at the time of the collision. (correct answer)
No, because the speed limit was different, making the prior conduct dissimilar and therefore not probative of the conduct at the scene.

Explanation: The correct answer is C. To be relevant, evidence must have a tendency to make a fact of consequence more or less probable. Here, the fact of consequence is the driver's speed at the moment of impact. Evidence of speeding that is distant in time or place from the accident may be deemed irrelevant if the connection is too attenuated. Speeding ten miles away on a highway with a different speed limit has very little, if any, tendency to prove the driver was speeding in a 25 mph zone in town. The remoteness makes the inference too weak. (A) is incorrect because using this evidence to show a propensity for negligence is forbidden by FRE 404(a) (character evidence). (B) is a weak argument; while state of mind can be relevant, this is too remote to support a reliable inference about the driver's state of mind at the time of the accident. (D) is a contributing factor to the lack of relevance, but the primary reason is the overall remoteness in time and distance, not just the change in speed limit.

Question 6

A plaintiff sued a power tool manufacturer, alleging that a design defect in a circular saw caused his injury. To demonstrate the existence of a safer alternative design, the plaintiff's attorney offers into evidence a new model of the saw, released by the manufacturer one year after the plaintiff purchased his tool, which includes a newly designed safety guard. The manufacturer objects on relevance grounds and also argues the evidence is barred as a subsequent remedial measure.

Assuming the court rejects the subsequent remedial measure objection because the new design was developed before the plaintiff's injury, is the evidence of the new model relevant? Select one.

No, because a design released after the plaintiff's purchase cannot be relevant to the standard of care at the time of manufacture.
No, because the manufacturer's later actions are not an admission that the original design was defective.
Yes, because it has a tendency to show that a safer, technologically feasible alternative design existed. (correct answer)
Yes, because it is relevant to impeach the manufacturer's claim that its original design was the safest possible.

Explanation: The correct answer is C. In a products liability case based on a design defect, the plaintiff must typically prove that a safer, economically and technologically feasible alternative design existed. Evidence of a subsequent design change can be highly relevant to show that such an alternative was indeed feasible. The question stipulates to ignore the subsequent remedial measure rule (FRE 407) for purposes of the relevance analysis, forcing the focus on FRE 401. (A) is incorrect because while the standard of care is judged at the time of manufacture, a later design can be evidence of what was feasible at that earlier time. (B) is incorrect because the evidence is not offered as an admission, but as proof of a specific element of the design defect claim (feasibility). (D) is a possible use, but its primary relevance is to the plaintiff's prima facie case, making C a better answer. The evidence is relevant even if the manufacturer has not yet made any claims to impeach.

Question 7

A homeowner sued a chemical company, alleging that runoff from its plant contaminated her well water, causing property damage. The company denies that its plant was the source of the contamination. The homeowner seeks to introduce evidence that the same chemical was found in the wells of two other properties located between the company's plant and the homeowner's property. The company objects that evidence of contamination on other properties is irrelevant to the homeowner's specific claim.

Is the evidence of contamination on the neighboring properties admissible over the relevance objection? Select one.

No, because each landowner's claim is distinct, and evidence from one property cannot be used to prove a claim regarding another.
No, unless the homeowner can first prove that the contamination on the other properties caused her specific damages.
Yes, because the contamination of properties along the likely path of groundwater flow is relevant to prove the company's plant is the source of the contamination. (correct answer)
Yes, but only if the other property owners have also filed lawsuits against the chemical company.

Explanation: The correct answer is C. A central fact of consequence in this case is causation—specifically, identifying the source of the contamination. Evidence that the same chemical from the defendant's plant is present in a pattern (e.g., along a groundwater flow path) leading to the plaintiff's property is highly relevant circumstantial evidence that the defendant's plant is the common source. (A) is incorrect because while the claims are distinct, the evidence is relevant to a fact common to all of them: the source of the pollution. (B) is incorrect because it gets the logic backward; the evidence is being used to prove the source, not the other way around. This is not an issue of conditional relevance. (D) is incorrect because whether other people have sued is irrelevant to the scientific and factual question of whether the defendant's plant is the source of the chemical plume.

Question 8

A defendant is charged with battery. The defendant claims self-defense, asserting that the victim was the first aggressor. The defendant seeks to testify that, a week before the fight, a mutual friend told him that the victim had recently been in a bar fight and had seriously injured another person. The prosecutor objects on grounds of relevance and hearsay.

Is the defendant's proposed testimony about what the friend said relevant? Select one.

No, because the victim's prior violent act is impermissible character evidence.
Yes, because it is relevant to the defendant's state of mind and the reasonableness of his belief that he needed to use force in self-defense. (correct answer)
No, because the testimony is hearsay not within any exception.
Yes, because it is relevant to show the victim's propensity for violence, making it more likely the victim was the first aggressor.

Explanation: This question tests the intersection of relevance and hearsay rules in the context of self-defense claims. When a defendant claims self-defense, the key issues are whether the defendant reasonably believed force was necessary and whether that belief was objectively reasonable given the circumstances. The defendant's proposed testimony is relevant because it goes directly to his state of mind at the time of the alleged battery. Evidence that affects a party's knowledge or mental state is generally admissible for that limited purpose, even if the underlying facts might be inadmissible for other reasons. Here, learning about the victim's prior violence could reasonably affect how the defendant perceived the victim's actions and whether he felt threatened, making option B correct. Option A is wrong because while character evidence rules do generally prohibit propensity evidence, this testimony isn't being offered to prove the victim's character—it's offered to show the defendant's state of mind. Option C incorrectly focuses solely on hearsay. Even if the statement is hearsay (which it arguably is), relevance is a separate analysis, and the question specifically asks about relevance. The hearsay issue doesn't make the evidence irrelevant. Option D is wrong because it describes using the evidence for an impermissible propensity purpose—to show the victim likely acted in conformity with a violent character. Remember this key distinction: the same piece of evidence can be admissible for one purpose (defendant's state of mind) but inadmissible for another (victim's propensity). Always identify the specific purpose for which evidence is being offered.

Question 9

A city passed an ordinance requiring all restaurants to have a specific type of fire-suppression system installed by January 1. A restaurant owner is charged with violating the ordinance. The prosecution presents evidence that on January 15, an inspector visited the restaurant and found it did not have the required system. The owner seeks to introduce evidence that he had a contract with an installation company to have the system installed on December 28, but the company failed to show up. The prosecution objects to the evidence of the contract as irrelevant.

Is the evidence of the owner's contract with the installation company relevant? Select one.

No, because the ordinance creates a strict liability offense, and the owner's intent or efforts to comply are not an element of the crime.
No, because the contract is an out-of-court statement offered to prove the truth of the matter asserted and is therefore inadmissible hearsay.
Yes, because it is relevant to show the owner made a good-faith effort to comply, which may be considered by the court in sentencing.
Yes, because it is relevant to challenge the willfulness of the violation if the ordinance requires a mens rea of 'knowingly' or 'willfully'. (correct answer)

Explanation: The correct answer is D. The relevance of the owner's evidence depends entirely on the elements of the offense. If the ordinance requires a mental state (mens rea) like 'willfully' or 'knowingly,' then evidence that the owner took steps to comply (like signing a contract) is highly relevant because it tends to show he did not willfully or knowingly violate the law. (A) is incorrect because we cannot assume the ordinance creates a strict liability offense. If it requires a mens rea, the evidence is relevant to guilt or innocence. (B) is incorrect because the contract would likely be offered not for its truth, but as a 'verbal act' to show that the owner took the step of contracting. Even if hearsay, it is still relevant. (C) is incorrect because evidence relevant only to sentencing is typically not presented during the guilt phase of a trial. The evidence must be relevant to a fact of consequence regarding guilt or innocence.

Question 10

In a civil action for battery, the plaintiff claims the defendant punched him without provocation. The defendant asserts that the plaintiff consented to a physical altercation. To support this claim, the defendant's attorney seeks to introduce evidence that the plaintiff is a professional mixed martial arts (MMA) fighter. The plaintiff's attorney objects that the plaintiff's occupation is irrelevant.

Is the evidence of the plaintiff's occupation as an MMA fighter relevant to the defendant's consent defense? Select one.

No, because the plaintiff's occupation is improper character evidence offered to show he has a propensity for fighting.
Yes, because the plaintiff's expertise in fighting makes it more probable that he would voluntarily engage in a physical confrontation. (correct answer)
No, because a person's profession has no bearing on whether they consented to a specific physical altercation outside of that professional context.
Yes, because the evidence is relevant to impeach the plaintiff's testimony that he was an unwilling victim of an unprovoked attack.

Explanation: When analyzing evidence relevance in tort cases, you need to determine whether the proposed evidence makes any material fact more or less probable. Here, the defendant claims consent as a defense to battery, so evidence that makes consent more likely is relevant. The plaintiff's occupation as a professional MMA fighter is relevant because it logically increases the probability that he would consent to a physical confrontation. Professional fighters are trained combatants who regularly engage in physical altercations as part of their livelihood, making it more plausible they would voluntarily participate in a fight outside the professional context. This directly supports the consent defense by showing the plaintiff's background and experience with physical combat. Looking at the wrong answers: (A) incorrectly characterizes this as propensity evidence - the defendant isn't arguing the plaintiff has a character trait for fighting, but rather that his professional experience makes consent more probable in this specific instance. (C) takes too rigid a view by completely divorcing professional context from personal behavior, ignoring that occupation can inform likelihood of certain actions. (D) misidentifies the evidence's purpose - this isn't impeachment evidence attacking the plaintiff's credibility, but substantive evidence supporting the consent defense. Remember that relevance has a very low threshold in evidence law - you only need to show the evidence makes a material fact slightly more or less probable. Don't confuse relevance with other evidentiary rules like character evidence prohibitions. Focus on the logical connection between the evidence and the legal issue at stake.

Question 11

How should the court rule on the defense's relevance objection? Select one.

Sustain the objection, because the weak identification evidence makes the cash deposit speculative and unfairly prejudicial.
Overrule the objection, because a sudden acquisition of unexplained cash by an unemployed person after a robbery is relevant circumstantial evidence of guilt. (correct answer)
Sustain the objection, because the prosecution cannot prove the deposited cash came from the bank robbery.
Overrule the objection, because the evidence is admissible to show the defendant's character for dishonesty.

Question 12

In a defamation lawsuit, a local politician is suing a newspaper for printing a story that falsely claimed he accepted bribes. Because the politician is a public figure, he must prove the newspaper acted with 'actual malice'—that is, with knowledge of falsity or reckless disregard for the truth. The newspaper seeks to introduce testimony from a former aide to the politician that the politician has a reputation in the community for being dishonest. The politician's attorney objects that this testimony is irrelevant.

Is the evidence of the politician's reputation for dishonesty relevant to the issue of whether the newspaper acted with actual malice? Select one.

No, because the politician's actual character is not at issue; the focus is on the newspaper's state of mind regarding the truth of the specific bribery claim. (correct answer)
No, because this is impermissible character evidence offered to prove the politician acted in conformity with his reputation by accepting bribes.
Yes, because the politician's bad reputation makes the newspaper's publication of the story more reasonable and less reckless.
Yes, because a public figure's reputation is always relevant in a defamation case for the purpose of assessing damages.

Explanation: The correct answer is A. The legal standard of 'actual malice' focuses exclusively on the defendant's (the newspaper's) subjective state of mind at the time of publication. The truth or falsity of the defamatory statement is relevant, but the plaintiff's general character or reputation for dishonesty is not. It does not make it more or less probable that the newspaper knew the story was false or acted with reckless disregard for its truth. (B) is incorrect because the evidence is not being offered to prove the politician took bribes, but on the issue of malice. However, it fails on relevance grounds for that purpose. (C) is incorrect because a person's bad reputation does not give a publisher license to print false statements with reckless disregard for the truth. The test for recklessness is not whether it was reasonable to believe a story about a 'dishonest person,' but whether the publisher had serious doubts about the truth of the publication. (D) is correct that reputation is relevant to damages, but the question asks about its relevance to 'actual malice,' which is an element of liability.

Question 13

Is the evidence of the politician's reputation for dishonesty relevant to the issue of whether the newspaper acted with actual malice? Select one.

No, because the politician's actual character is not at issue; the focus is on the newspaper's state of mind regarding the truth of the specific bribery claim. (correct answer)
No, because this is impermissible character evidence offered to prove the politician acted in conformity with his reputation by accepting bribes.
Yes, because the politician's bad reputation makes the newspaper's publication of the story more reasonable and less reckless.
Yes, because a public figure's reputation is always relevant in a defamation case for the purpose of assessing damages.

Question 14

In a medical malpractice action, the plaintiff alleges that a surgeon negligently performed a complex heart procedure. The defendant surgeon calls a renowned medical expert to testify that the surgeon's actions complied with the applicable standard of care. On cross-examination, the plaintiff's attorney asks the expert: "Isn't it true that you were sued for malpractice yourself three years ago in a case involving a similar procedure?" The defense attorney objects on the ground that the question is not relevant.

Is the question about the prior malpractice suit against the expert witness relevant? Select one.

No, because a prior lawsuit against the expert is not probative of the defendant surgeon's negligence in the current case.
No, because a mere accusation of malpractice, without a finding of liability, has no tendency to prove the expert is not qualified.
Yes, because a prior malpractice suit could show the expert's bias in favor of defending other doctors in his field. (correct answer)
Yes, because the fact that the expert was sued for a similar procedure is probative of his lack of knowledge regarding the standard of care.

Explanation: The correct answer is C. The credibility of a witness, including an expert witness, is always a fact of consequence. Evidence that tends to show bias is relevant to credibility. The fact that the expert has been sued for malpractice could suggest a bias or motive to testify favorably for other doctors to protect his own reputation or because he sympathizes with doctors who are sued. This potential bias makes the question relevant. (A) is incorrect because the evidence is not offered to prove the defendant's negligence, but to impeach the expert's credibility. (B) and (D) are less persuasive arguments for relevance. While a finding of liability might be relevant to the expert's qualifications, a mere lawsuit is generally considered to have low probative value for that purpose. However, its relevance for bias is much stronger and is a standard basis for allowing such questions on cross-examination.

Question 15

Is the question about the prior malpractice suit against the expert witness relevant? Select one.

No, because a prior lawsuit against the expert is not probative of the defendant surgeon's negligence in the current case.
No, because a mere accusation of malpractice, without a finding of liability, has no tendency to prove the expert is not qualified.
Yes, because a prior malpractice suit could show the expert's bias in favor of defending other doctors in his field. (correct answer)
Yes, because the fact that the expert was sued for a similar procedure is probative of his lack of knowledge regarding the standard of care.

Question 16

A corporation is sued by a former employee for age discrimination. The employee, age 62, was terminated during a company-wide reduction in force. To demonstrate a pattern of discrimination, the employee's attorney seeks to introduce evidence that five other employees, all over the age of 55, were also terminated from different departments as part of the same reduction in force. The corporation objects that this "me too" evidence is irrelevant to whether this particular employee was terminated because of his age.

Is the evidence regarding the termination of other older employees relevant? Select one.

No, because the termination decisions were made by different supervisors in different departments.
Yes, because it is relevant as circumstantial evidence of a discriminatory atmosphere or pattern and practice at the company. (correct answer)
No, because evidence of other terminations would confuse the jury and waste time on mini-trials.
Yes, because it proves that the company's stated reason for the terminations, a reduction in force, was a pretext for discrimination.

Explanation: When you encounter evidence questions involving discrimination cases, focus on the concept of relevance and how circumstantial evidence can establish patterns of discriminatory conduct. Evidence is relevant if it has any tendency to make a fact of consequence more or less probable. The evidence of other older employees being terminated is relevant because it serves as circumstantial evidence of a discriminatory pattern at the company. While it doesn't directly prove this particular employee was fired due to age, it makes age discrimination more probable by showing a systematic pattern of older workers being disproportionately affected during the reduction in force. This type of "me too" evidence helps establish the broader context and atmosphere at the workplace. Answer A is incorrect because different supervisors making decisions doesn't automatically make the evidence irrelevant—company-wide patterns can still emerge from decentralized decisions. Answer C confuses relevance with other evidentiary concerns like Rule 403's prejudice/confusion analysis, but the question asks specifically about relevance under Rule 401. Answer D overstates what this evidence proves—while it supports an inference of discrimination, it doesn't definitively prove pretext by itself. Remember that relevance has a very low threshold—evidence needs only a slight tendency to make a material fact more or less probable. In discrimination cases, pattern evidence showing disparate treatment of protected classes typically meets this standard, even when the specific decision-makers or circumstances vary across incidents.

Question 17

Is the evidence of the service records relevant, even without prior expert testimony? Select one.

No, because the relevance of the service records is conditioned on the fact that the wrong fluid can cause brake failure, a fact which requires expert testimony to establish.
No, because the service records constitute hearsay and are inadmissible without a proper foundation.
Yes, because the records show the mechanic failed to follow the manufacturer's recommendations, which is a form of negligence per se.
Yes, because the records themselves have a tendency to make an alternative cause for the brake failure more probable, subject to being connected up later with expert testimony. (correct answer)

Question 18

Is the evidence of the plaintiff's occupation as an MMA fighter relevant to the defendant's consent defense? Select one.

No, because the plaintiff's occupation is improper character evidence offered to show he has a propensity for fighting.
Yes, because the plaintiff's expertise in fighting makes it more probable that he would voluntarily engage in a physical confrontation. (correct answer)
No, because a person's profession has no bearing on whether they consented to a specific physical altercation outside of that professional context.
Yes, because the evidence is relevant to impeach the plaintiff's testimony that he was an unwilling victim of an unprovoked attack.

Question 19

Is the evidence of the decedent's intoxication relevant? Select one.

No, because the defendant's action of running a red light was a superseding cause of the accident.
No, because the evidence would be unfairly prejudicial to the decedent's character and family.
Yes, because in a pure comparative negligence jurisdiction, the decedent's intoxication is relevant to the issue of his own negligence and the apportionment of damages. (correct answer)
Yes, but only if the defendant can first present evidence that the decedent's intoxication actually contributed to causing the accident.

Question 20

A defendant is on trial for arson of his warehouse. The prosecution's theory is that the defendant burned the building to collect insurance money because his business was failing. The prosecution seeks to introduce evidence that the defendant's personal bank accounts were overdrawn and that he was three months behind on his home mortgage payments. The defendant objects that this evidence is irrelevant.

How should the court rule on the defendant's relevance objection? Select one.

Sustain the objection, because the defendant's personal financial situation is unrelated to the financial condition of his business.
Sustain the objection, because the evidence is improper character evidence suggesting the defendant is irresponsible with money.
Overrule the objection, because the defendant's personal financial distress makes it more probable that he had a motive to commit the arson. (correct answer)
Overrule the objection, but only if the prosecution can prove the defendant's business was also failing, establishing a direct link.

Explanation: The correct answer is C. Evidence is relevant if it has any tendency to make a fact of consequence more or less probable. In an arson case, the defendant's motive is a key fact of consequence. Evidence that the defendant was in severe financial distress, even personal distress, makes it more probable that he would seek to commit a crime for financial gain, such as burning his business for insurance proceeds. Therefore, the evidence is relevant to show motive. (A) is incorrect because a jury could reasonably infer that a person's dire personal finances could motivate them to use business assets (like an insured warehouse) to solve their problems. (B) is incorrect because the evidence is not being offered to show the defendant's character, but for the specific non-character purpose of showing motive under FRE 404(b). (D) is incorrect because relevance does not require such a direct link. The evidence is relevant on its own; the strength of the inference is for the jury to decide. This concept is known as conditional relevance not applying here, as the evidence is relevant by itself.