Bar Exam (Uniform) Quiz: Rule 403 Balancing

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Rule 403 BalancingQuestion 1 of 20

In a civil trial for battery, the plaintiff claims the defendant punched him without provocation. The defendant claims self-defense. The defendant seeks to introduce evidence that the plaintiff had been convicted of misdemeanor assault five years ago for a bar fight. The defendant did not know about this conviction at the time of the altercation.

The plaintiff objects to the evidence. How should the court rule? Select one.

Admit the evidence, because it is relevant to show the plaintiff's violent character and that he was the first aggressor.

Admit the evidence, because a party's prior convictions are always admissible to impeach their credibility as a witness.

Exclude the evidence, because the defendant was unaware of the conviction, so it could not have affected his state of mind.

Exclude the evidence, because its probative value is substantially outweighed by the danger of unfair prejudice and confusing the issues.

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Bar Exam (Uniform) Quiz

Bar Exam (Uniform) Quiz: Rule 403 Balancing

Practice Rule 403 Balancing 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 Rule 403 Balancing, 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

The plaintiff objects to the evidence. How should the court rule? Select one.

Admit the evidence, because it is relevant to show the plaintiff's violent character and that he was the first aggressor.
Admit the evidence, because a party's prior convictions are always admissible to impeach their credibility as a witness.
Exclude the evidence, because the defendant was unaware of the conviction, so it could not have affected his state of mind.
Exclude the evidence, because its probative value is substantially outweighed by the danger of unfair prejudice and confusing the issues. (correct answer)

Explanation: The correct answer is D. While evidence of a victim's violent character can be admissible in a self-defense case to show they were the first aggressor (FRE 404(a)(2)), the court must still apply the Rule 403 balancing test. A five-year-old misdemeanor conviction has limited probative value. The risk is high that the jury will be unfairly prejudiced against the plaintiff or that the case will devolve into a mini-trial about the prior bar fight, confusing the central issues of the current case. Therefore, a court would likely exclude it under Rule 403. A is incorrect because it ignores the required Rule 403 balancing test. Even if relevant under Rule 404, it can still be excluded. B is incorrect. Under Rule 609, evidence of a conviction is only admissible for impeachment if it's a felony or a crime involving dishonesty, and it is still subject to balancing. A misdemeanor assault does not qualify as a crime of dishonesty. C is a close call, but it addresses a different use of the evidence. The defendant's awareness would be critical if the evidence were offered to show the defendant's reasonable apprehension of harm. However, the evidence can also be offered to show the plaintiff was the first aggressor, for which the defendant's knowledge is not required. The better reason for exclusion is Rule 403.

Question 2

In a complex patent infringement case being tried before a jury, the plaintiff offers the testimony of an expert witness. The expert's proposed testimony involves highly technical scientific principles and complex mathematical formulas that would require a week of presentation and explanation. The defendant objects, arguing that although the testimony is relevant and based on reliable principles, it will be incomprehensible to the jury.

What is the defendant's strongest argument for excluding the expert's testimony under Rule 403? Select one.

The testimony's probative value is substantially outweighed by the danger of undue delay.
The testimony's probative value is substantially outweighed by the danger of misleading the jury. (correct answer)
The testimony's probative value is substantially outweighed by the danger of unfair prejudice.
The testimony fails to meet the standard for admissibility of expert testimony under Rule 702.

Explanation: The correct answer is B. The central problem with the proposed testimony is its complexity. When evidence is so technical that a lay jury cannot possibly understand or properly apply it, there is a significant danger that they will be misled by its aura of scientific certainty or simply get confused. This danger of misleading the jury can be a basis for exclusion under FRE 403, even if the expert is qualified and the science is sound. A is a plausible but weaker argument. While a week-long presentation does cause delay, the primary concern is the jury's comprehension, not just the time spent. C is incorrect. Unfair prejudice typically refers to evidence that provokes an emotional or irrational response, not evidence that is merely complex. D is incorrect because the facts state the testimony is based on reliable principles, suggesting it would likely survive a Rule 702 (Daubert/Kumho) challenge. The objection here is based on Rule 403, which applies even to evidence that is otherwise admissible.

Question 3

In a products liability action, a plaintiff claims he was injured by a defectively designed lawnmower. To prove the design was defective, the plaintiff seeks to introduce testimony from three other individuals who were injured in separate, but factually similar, accidents involving the same model of lawnmower.

The manufacturer objects to the testimony about the other accidents. What is the plaintiff's best argument for admitting the evidence? Select one.

The evidence is admissible to show the manufacturer's bad character.
The evidence is highly probative of whether the product's design was defective and that the defect caused the injury, and this value outweighs any prejudice. (correct answer)
The evidence is admissible because the other accidents establish a habit or routine practice on the part of the manufacturer.
The evidence is admissible as a statement against interest by the other individuals.

Explanation: The correct answer is B. Evidence of prior similar accidents is often admissible in products liability cases for non-propensity purposes, such as to prove the existence of a dangerous defect, causation, or that the manufacturer had notice of the defect. This evidence is highly probative. While the defendant will argue that admitting it creates a danger of unfair prejudice and confusion of the issues (by creating mini-trials over the other accidents), the plaintiff's best argument is that the high probative value on the core issues of defect and causation is not substantially outweighed by these dangers. This frames the issue correctly under the Rule 403 balancing test. A is incorrect because character evidence against a corporation is generally improper, and the evidence is not offered for that purpose. C is incorrect because a few separate accidents do not constitute a 'habit' or 'routine practice' under FRE 406. D is incorrect because the testimony of these individuals in court is not hearsay, and thus the hearsay exceptions are irrelevant.

Question 4

In a personal injury case, a child was injured when he darted into the street and was hit by a car. The driver's defense is that the child's own negligence contributed to the accident. To demonstrate the child's familiarity with traffic rules, the driver's attorney seeks to introduce the child's report card from school, which shows he received an 'A' in his health and safety class two weeks before the accident.

The child's attorney objects. Is the report card admissible? Select one.

No, because the report card is inadmissible hearsay.
No, because the child's knowledge of safety rules is irrelevant to whether he was negligent on this specific occasion.
Yes, because it is highly probative of the child's knowledge of the risks, and this value is not substantially outweighed by any unfair prejudice. (correct answer)
Yes, because the report card qualifies as a business record of the school.

Explanation: The correct answer is C. The child's knowledge is relevant to determining the standard of care applicable to him (that of a reasonably prudent child of the same age, intelligence, and experience). The report card is probative of his intelligence and knowledge regarding safety rules. This probative value is high. There is little to no danger of unfair prejudice, confusion, or misleading the jury from this evidence. Therefore, under the Rule 403 balancing test, the evidence should be admitted. A is incorrect. Even if the report card is hearsay, it would likely fall under an exception such as records of a regularly conducted activity (business records, Rule 803(6)) or public records (Rule 803(8)). B is incorrect because the child's knowledge is directly relevant to the standard of care and the issue of comparative negligence. D, like A, addresses the hearsay issue, but the primary question of admissibility also hinges on relevance and the Rule 403 balance. C provides the most complete reason for admission, addressing both probative value and the lack of countervailing factors under Rule 403.

Question 5

At a bench trial for armed robbery, the prosecution introduces a surveillance video that is grainy but appears to show the defendant committing the crime. To bolster the identification, the prosecutor calls the defendant's estranged brother, who testifies that he and the defendant had a violent falling-out years ago and that the defendant has a 'vicious temper.'

The defense attorney objects to the brother's testimony about the defendant's temper. The prosecutor argues that in a bench trial, the judge can disregard any prejudicial effect. How should the judge rule? Select one.

Admit the testimony, because in a bench trial, the protections of Rule 403 are not necessary.
Admit the testimony, because it is relevant to the defendant's character for violence, which is an element of armed robbery.
Exclude the testimony, because its minimal probative value is substantially outweighed by the danger of unfair prejudice, even in a bench trial. (correct answer)
Exclude the testimony, because family members are not competent to testify about a defendant's character.

Explanation: The correct answer is C. The testimony about the defendant's temper is improper character evidence under Rule 404(a), and it has virtually no probative value for identifying the person in the video. While judges are presumed to be able to disregard inadmissible evidence and the prejudicial effect of evidence is considered less potent in a bench trial, Rule 403 still applies. Here, the evidence is so clearly improper and its probative value is so low that a judge should still exclude it to avoid any risk of being improperly influenced and to keep the record clean for appeal. The prejudice of this purely character-based attack substantially outweighs its near-zero probative value. A is incorrect; Rule 403 applies in both jury and bench trials, although its application may be looser in the latter. B is incorrect; character for violence is not an element of robbery, and this is improper propensity evidence. D is incorrect; there is no rule making family members incompetent to testify about character.

Question 6

The child's attorney objects. Is the report card admissible? Select one.

No, because the report card is inadmissible hearsay.
No, because the child's knowledge of safety rules is irrelevant to whether he was negligent on this specific occasion.
Yes, because it is highly probative of the child's knowledge of the risks, and this value is not substantially outweighed by any unfair prejudice. (correct answer)
Yes, because the report card qualifies as a business record of the school.

Question 7

A defendant is on trial for mail fraud, accused of creating a fake charity. To prove the defendant's motive, the prosecution seeks to introduce evidence that the defendant has a gambling addiction and had accumulated large debts. The evidence consists of testimony from a casino manager and the defendant's bank records showing large cash withdrawals at casinos.

The defendant objects, arguing the evidence is unfairly prejudicial. Is this evidence likely to be admitted? Select one.

Yes, because evidence of motive is highly probative and not substantially outweighed by the danger of unfair prejudice. (correct answer)
Yes, because the evidence falls under the business records exception to the hearsay rule.
No, because evidence of a gambling addiction constitutes improper character evidence offered to show propensity.
No, because the defendant's financial situation is irrelevant to the elements of mail fraud.

Explanation: The correct answer is A. The evidence is relevant to show a motive for the defendant to commit mail fraud (i.e., to pay off gambling debts). Motive is not an element of the crime, but it is highly probative of whether the defendant committed the crime. While this evidence is certainly prejudicial (as is most evidence against a defendant), it is not unfairly prejudicial in a way that would substantially outweigh its high probative value. The jury is likely to use it for its proper purpose—understanding motive—rather than for an improper purpose, such as deciding the defendant is a bad person. B is incorrect because, while the bank records might overcome a hearsay objection as business records, the primary issue here is relevance and prejudice under Rules 401 and 403, not hearsay. C is incorrect because the evidence is not being offered to show that the defendant has a propensity to commit crimes, but for the non-propensity purpose of showing motive, which is permitted under FRE 404(b). D is incorrect because motive, while not a formal element, is highly relevant to proving that a defendant committed a crime, especially a financial one.

Question 8

What is the defendant's strongest argument for excluding the expert's testimony under Rule 403? Select one.

The testimony's probative value is substantially outweighed by the danger of undue delay.
The testimony's probative value is substantially outweighed by the danger of misleading the jury. (correct answer)
The testimony's probative value is substantially outweighed by the danger of unfair prejudice.
The testimony fails to meet the standard for admissibility of expert testimony under Rule 702.

Question 9

A defendant is on trial for arson. His defense is that the fire was accidental. The prosecution wishes to introduce evidence that, one month after the fire, the defendant abruptly quit his job, sold his house, and moved to another country. The defendant objects.

How should the court rule on the objection? Select one.

Sustain the objection, because the defendant's actions after the fire are not relevant to whether he committed arson.
Sustain the objection, because the evidence is improper character evidence used to show propensity.
Overrule the objection, because evidence of flight is always admissible to show consciousness of guilt.
Overrule the objection, unless the court finds the probative value of the evidence is substantially outweighed by the danger of unfair prejudice. (correct answer)

Explanation: The correct answer is D. Evidence of flight is relevant to show consciousness of guilt. However, it is also potentially prejudicial because there could be innocent reasons for the defendant's actions. Therefore, the admissibility of flight evidence depends on a Rule 403 balancing test. The court must weigh the probative value (how strongly the conduct suggests guilt) against the danger of unfair prejudice (the risk the jury will draw an improper inference). Choice D correctly identifies this required balancing. A is incorrect because flight is considered relevant to consciousness of guilt. B is incorrect because flight is not character evidence; it is evidence of conduct offered for a non-propensity purpose. C is incorrect because there is no absolute rule of admissibility. Like other evidence, flight evidence is subject to exclusion under Rule 403.

Question 10

In a medical malpractice case, the defendant doctor seeks to introduce evidence that the plaintiff has filed five other malpractice lawsuits against different doctors in the past decade, all of which were unsuccessful. The doctor offers this evidence to suggest that the plaintiff is litigious and that the current claim is likely frivolous.

The plaintiff's attorney objects. The court will most likely exclude this evidence because... Select one.

it constitutes improper character evidence offered to show that the plaintiff acted in conformity with a litigious character.
its probative value is substantially outweighed by the danger of unfair prejudice and confusing the issues. (correct answer)
the outcomes of prior lawsuits are considered subsequent remedial measures.
the evidence is irrelevant, as prior lawsuits have no bearing on the merits of the current case.

Explanation: The correct answer is B. Evidence that a plaintiff is 'claim-minded' or litigious is generally excluded. While one might argue it has some minimal relevance, its probative value is considered very low. In contrast, the danger of unfair prejudice is extremely high—a jury might decide the case based on a negative perception of the plaintiff rather than on the evidence of the doctor's conduct. Furthermore, it risks confusing the issues by creating 'mini-trials' over the merits of the prior lawsuits. This is a classic application of Rule 403. A is a related and plausible reason, but Rule 403 is the more direct and common basis for exclusion in this context. The evidence is less about a specific character trait and more about a pattern of conduct that invites prejudice. C is incorrect; subsequent remedial measures (Rule 407) relate to actions taken after an injury that would have made the injury less likely to occur, which is not applicable here. D is not the best answer. While the relevance is weak, courts primarily exclude this evidence because of the strong policy reasons embodied in Rule 403.

Question 11

A defendant is charged with robbing a convenience store. During the trial, the prosecution calls the store clerk to testify. The prosecutor asks the clerk, "Did you get a good look at the robber's face?" The clerk responds, "No, he was wearing a mask, but he had a tattoo of a spider on his hand, just like the one the defendant has." The prosecutor then seeks to have the defendant display his hand tattoo to the jury.

The defense objects. How should the court rule on compelling the defendant to display the tattoo? Select one.

Sustain the objection, because compelling the defendant to display the tattoo violates his Fifth Amendment privilege against self-incrimination.
Sustain the objection, because the display is unfairly prejudicial and its probative value is low since many people may have similar tattoos.
Overrule the objection, because the display is not testimonial and its high probative value for identification is not substantially outweighed by unfair prejudice. (correct answer)
Overrule the objection, but only if the prosecution's expert witness first testifies that the tattoo is unique.

Explanation: The correct answer is C. Compelling a defendant to display a physical characteristic like a tattoo is not testimonial and does not violate the Fifth Amendment privilege against self-incrimination. The evidence is highly probative on the issue of identification. While viewing the tattoo might be prejudicial in the sense that it links the defendant to the crime, it is not unfairly prejudicial. It is direct, relevant evidence of identity, and its probative value is not substantially outweighed by any Rule 403 danger. A is incorrect because the Fifth Amendment protects against compelled testimony, not the display of physical attributes. B misapplies the Rule 403 test. The possibility that others have similar tattoos goes to the weight of the evidence, not its admissibility, and the probative value remains high. The prejudice is not unfair. D imposes a condition not required by the rules. Expert testimony is not a prerequisite for the jury to see physical evidence and draw its own conclusions.

Question 12

A woman is on trial for the murder of her husband. Her defense is that she was a victim of battered woman syndrome and killed him in self-defense during a violent episode. To support her defense, she seeks to introduce expert testimony on the general characteristics and behavioral patterns of abuse victims. The prosecution objects, arguing the testimony is irrelevant and will only serve to generate sympathy for the defendant.

How should the court rule on the admissibility of the expert testimony? Select one.

Exclude the testimony, because it is improper character evidence about the defendant.
Exclude the testimony, because its probative value is substantially outweighed by the danger of unfair prejudice against the prosecution.
Admit the testimony, because it will help the jury understand the defendant's state of mind and why she may have perceived an imminent threat. (correct answer)
Admit the testimony only if the expert personally examined the defendant and can testify that she suffers from the syndrome.

Explanation: The correct answer is C. Expert testimony on battered woman syndrome is widely accepted as admissible to help the jury understand the reasonableness of the defendant's belief that she was in imminent danger, which is a key element of self-defense. It is not offered to prove the defendant's character, but to explain a psychological state that is beyond the common understanding of jurors. Its probative value in clarifying the defendant's state of mind is high and is not substantially outweighed by the danger of unfair prejudice (i.e., generating sympathy). It directly addresses the central issue of the defense. A is incorrect because the testimony is not about the defendant's character for a specific trait but about a psychological syndrome to provide context for her actions. B incorrectly applies the Rule 403 balancing test; the probative value is very high in this context. D is incorrect because an expert can testify about general principles of a syndrome without having personally examined the defendant, leaving the jury to apply those principles to the facts of the case.

Question 13

A plaintiff sued a trucking company for negligence after a collision. A central issue is whether the truck driver was speeding. The plaintiff has already called four unrelated eyewitnesses, all of whom testified credibly that they saw the truck traveling well above the speed limit just before the crash. The plaintiff now seeks to call a fifth eyewitness to offer identical testimony.

The trucking company's attorney objects. What is the strongest basis for the objection? Select one.

The testimony is inadmissible hearsay.
The testimony is improper character evidence.
The testimony is a needless presentation of cumulative evidence. (correct answer)
The testimony lacks proper foundation.

Explanation: The correct answer is C. Federal Rule of Evidence 403 allows a court to exclude relevant evidence if its probative value is substantially outweighed by dangers such as wasting time or needlessly presenting cumulative evidence. After four witnesses have testified to the same fact, the testimony of a fifth witness on the identical point offers minimal additional probative value and is properly characterized as cumulative. This is the strongest basis for exclusion. A is incorrect because the witness's firsthand observation is not hearsay. B is incorrect because testimony about the driver's actions on a specific occasion is not character evidence under FRE 404. D is incorrect because there is no indication of a foundational problem; the witness is prepared to testify about their personal observation.

Question 14

In a murder trial, the defendant is accused of fatally stabbing the victim during an argument. The defendant claims self-defense, asserting that the victim attacked first and that he used only necessary force. The cause of death is not in dispute. To demonstrate the defendant's intent and malice, the prosecution seeks to introduce a set of ten high-resolution, color photographs taken during the autopsy, showing graphic, close-up views of the victim's multiple stab wounds.

The defense objects to the admission of the photographs under Federal Rule of Evidence 403. How should the court rule on the objection? Select one.

Overrule the objection, because the photographs are relevant to prove the defendant's state of mind, which is a key element of the charge.
Overrule the objection, because photographic evidence of a victim's injuries is always admissible in a homicide prosecution to prove the corpus delicti.
Sustain the objection, because the defendant has not disputed the cause of death, rendering the photographs irrelevant to any contested issue in the case.
Sustain the objection, if the court finds that the photographs' probative value as to intent is substantially outweighed by the danger of unfair prejudice. (correct answer)

Explanation: The correct answer is D. Under FRE 403, a court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence. Here, the photographs are relevant to show intent and malice by illustrating the nature and extent of the attack. However, because they are graphic, they also pose a significant risk of inflaming the jury and causing unfair prejudice. The court must balance these factors. Choice D correctly identifies this balancing test as the dispositive issue. A is incorrect because while the photos are relevant to intent, relevance alone does not guarantee admissibility; the evidence must still survive the 403 balancing test. B is incorrect because there is no per se rule that all such photographs are admissible. Admissibility is always subject to the Rule 403 balancing test. C is incorrect because the photographs are still relevant to the contested issue of intent (self-defense vs. malice), even if the cause of death is undisputed. Their relevance is not eliminated, though it may be reduced.

Question 15

In a breach of contract action, the plaintiff seeks to introduce an audio recording of a settlement negotiation meeting. In the recording, the defendant's CEO says, "Look, our product clearly failed to meet the specifications, but a lawsuit is the last thing we need. We'll pay you 50% of your claimed damages just to make this go away." The plaintiff offers the recording to prove that the defendant admitted the product was faulty.

The defendant objects. Which rule provides the strongest basis for excluding the entire statement? Select one.

Rule 401 (Relevance), because settlement offers are not relevant to liability.
Rule 403 (Balancing Test), because the statement is unfairly prejudicial.
Rule 408 (Compromise Offers and Negotiations), because the statement was made during compromise negotiations. (correct answer)
Rule 802 (Hearsay), because the statement is an out-of-court assertion.

Explanation: The correct answer is C. This question tests the interaction between Rule 403 and other policy-based exclusion rules. Federal Rule of Evidence 408 explicitly bars the admission of statements and offers made during compromise negotiations when offered to prove liability for or invalidity of the claim. The CEO's entire statement, including the admission of fault, was made in the context of a settlement offer. Rule 408's purpose is to encourage settlements, and it provides a more specific and stronger basis for exclusion than a general Rule 403 objection. A is incorrect because an admission of fault is highly relevant; the exclusion is for policy reasons, not lack of relevance. B is incorrect because Rule 408 is the specific rule that governs this situation, making it a stronger basis for objection than the general balancing test of Rule 403. D is incorrect because the statement would likely be admissible as a statement of an opposing party under Rule 801(d)(2), so it is not excluded as hearsay.

Question 16

In a civil lawsuit, a key document contains information highly relevant to the plaintiff's claim, but also includes a sentence mentioning that the defendant was recently investigated for an unrelated crime for which he was never charged. The plaintiff offers the entire document into evidence.

The defendant objects under Rule 403. What is the court's most appropriate course of action? Select one.

Admit the entire document, because it contains relevant information.
Exclude the entire document, because the mention of a criminal investigation is unfairly prejudicial.
Admit the document but give the jury a limiting instruction to disregard the prejudicial sentence.
Admit the document after redacting the sentence about the criminal investigation. (correct answer)

Explanation: The correct answer is D. When a piece of evidence contains both admissible and inadmissible parts, the court should seek a solution that allows the jury to consider the probative information while avoiding the unfair prejudice. Redaction is the standard and most effective method for achieving this. By physically removing the prejudicial sentence, the court can admit the relevant portions of the document without exposing the jury to the inadmissible, unfairly prejudicial information. A is incorrect because it ignores the court's duty under Rule 403 to mitigate unfair prejudice. B is incorrect because excluding the entire document would deprive the plaintiff of relevant, probative evidence. Redaction is a less drastic and preferred alternative. C is incorrect because a limiting instruction may not be effective in this situation; the jury cannot be expected to 'un-hear' such a prejudicial statement. Redaction is the more effective remedy.

Question 17

You are prosecuting a defendant for being a felon in possession of a firearm. The prior felony was for embezzlement. The defendant has offered to stipulate that he has a qualifying felony conviction, which satisfies that element of the offense. You reject the stipulation and seek to introduce into evidence a certified copy of the judgment of conviction for embezzlement.

The defense attorney objects to the admission of the judgment. How is the trial judge most likely to rule? Select one.

Admit the judgment, because the prosecution has the right to prove its case with evidence of its own choosing and need not accept a defendant's stipulation.
Admit the judgment, because the nature of the prior felony is relevant to establishing the defendant's motive and intent to possess the firearm.
Exclude the judgment, because the defendant's stipulation renders the evidence of the specific felony's nature irrelevant.
Exclude the judgment, because its probative value is substantially outweighed by the danger of unfair prejudice once the defendant has stipulated to the felony element. (correct answer)

Explanation: The correct answer is D. This fact pattern is based on the Supreme Court's decision in Old Chief v. United States. When a defendant stipulates to the 'felon' status element of a crime, the probative value of introducing the specific nature of the prior crime is drastically reduced. The risk of unfair prejudice (e.g., the jury thinking 'once a criminal, always a criminal') remains high. Therefore, under Rule 403, the evidence's minimal probative value is substantially outweighed by the danger of unfair prejudice, and it should be excluded. A is incorrect because while generally true, Old Chief creates an exception for this specific situation involving proof of status elements. B is incorrect because the nature of a prior embezzlement conviction has no logical bearing on the motive or intent to possess a firearm later. C is incorrect because the evidence is still technically relevant to prove the element; the issue is not relevance but the Rule 403 balancing test.

Question 18

The defendant objects under Rule 403. What is the court's most appropriate course of action? Select one.

Admit the entire document, because it contains relevant information.
Exclude the entire document, because the mention of a criminal investigation is unfairly prejudicial.
Admit the document but give the jury a limiting instruction to disregard the prejudicial sentence.
Admit the document after redacting the sentence about the criminal investigation. (correct answer)

Question 19

The defense objects to the admission of the photographs under Federal Rule of Evidence 403. How should the court rule on the objection? Select one.

Overrule the objection, because the photographs are relevant to prove the defendant's state of mind, which is a key element of the charge.
Overrule the objection, because photographic evidence of a victim's injuries is always admissible in a homicide prosecution to prove the corpus delicti.
Sustain the objection, because the defendant has not disputed the cause of death, rendering the photographs irrelevant to any contested issue in the case.
Sustain the objection, if the court finds that the photographs' probative value as to intent is substantially outweighed by the danger of unfair prejudice. (correct answer)

Question 20

The plaintiff's attorney objects. The court will most likely exclude this evidence because... Select one.

it constitutes improper character evidence offered to show that the plaintiff acted in conformity with a litigious character.
its probative value is substantially outweighed by the danger of unfair prejudice and confusing the issues. (correct answer)
the outcomes of prior lawsuits are considered subsequent remedial measures.
the evidence is irrelevant, as prior lawsuits have no bearing on the merits of the current case.