Juris Doctor (JD) — Multistate Bar Examination (MBE)

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The plaintiff calls a witness to testify on her behalf in a civil battery lawsuit where the defendant was accused of tripping the plaintiff as she descended the stairs. The testimony of the plaintiff is verified by the witness. The defendant's attorney then asks the witness during cross-examination, "Isn't it true that you tried to glance at your notes during the CPA exam last year in order to cheat?" The plaintiff's attorney raises an objection to the inquiry. How should the court decide in regards to the objection?

It should be overruled because it is permissible character evidence. It should be overruled because the question regards the credibility of the witness. It should be sustained because character cannot be proved by specific instances of conduct. It should be sustained because the question is irrelevant to the civil battery case.

Correct Answer:

It should be overruled because the question regards the credibility of the witness.

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