# Evidence One-Pager | BarPrepPlay

Canonical: https://www.barprepplay.com/one-pagers/evidence/
Markdown mirror: https://www.barprepplay.com/llms/one-pagers/evidence.md
Byline: BarPrepPlay
Last reviewed: April 22, 2026
Subject: Evidence
CTA: https://www.barprepplay.com/?seo_slug=hearsay-excited-utterance&seo_action=drill

## Overview

This Evidence one-pager is designed for fast retrieval: relevance, hearsay, character, impeachment, privileges, and experts in one compact review layer.

## Relevance

401: Any tendency to make fact more/less probable. 403: Exclude if prejudice substantially outweighs probative value. On the exam, treat this as a checklist heading: state the governing rule first, name the trigger or element that matters, and then tie the facts to each part before moving to the next doctrine.

- Quick rule block: 401: Any tendency to make fact more/less probable. 403: Exclude if prejudice substantially outweighs probative value.
Sources: evidence-fre-801, evidence-fre-404b, evidence-fre-613

## Hearsay

Out-of-court statement for truth. Exceptions: Present sense, excited utterance, state of mind, medical, business records, dying declaration. On the exam, treat this as a checklist heading: state the governing rule first, name the trigger or element that matters, and then tie the facts to each part before moving to the next doctrine.

- Quick rule block: Out-of-court statement for truth. Exceptions: Present sense, excited utterance, state of mind, medical, business records, dying declaration.
Sources: evidence-fre-801, evidence-fre-404b, evidence-fre-613

## Character

Civil: Generally no. Criminal: D opens door. 404(b): MIMIC purposes (motive, intent, mistake, identity, common plan). On the exam, treat this as a checklist heading: state the governing rule first, name the trigger or element that matters, and then tie the facts to each part before moving to the next doctrine.

- Quick rule block: Civil: Generally no. Criminal: D opens door. 404(b): MIMIC purposes (motive, intent, mistake, identity, common plan).
Sources: evidence-fre-801, evidence-fre-404b, evidence-fre-613

## Impeachment

Prior conviction (dishonesty = auto; felony = 403), prior inconsistent, bias, sensory defect, character for truthfulness. On the exam, treat this as a checklist heading: state the governing rule first, name the trigger or element that matters, and then tie the facts to each part before moving to the next doctrine.

- Quick rule block: Prior conviction (dishonesty = auto; felony = 403), prior inconsistent, bias, sensory defect, character for truthfulness.
Sources: evidence-fre-801, evidence-fre-404b, evidence-fre-613

## Privileges

A-C: Confidential legal advice. Spousal: Testimonial (who holds varies) + confidential communications. On the exam, treat this as a checklist heading: state the governing rule first, name the trigger or element that matters, and then tie the facts to each part before moving to the next doctrine.

- Quick rule block: A-C: Confidential legal advice. Spousal: Testimonial (who holds varies) + confidential communications.
Sources: evidence-fre-801, evidence-fre-404b, evidence-fre-613

## Experts

Daubert: Reliable methodology + sufficient facts. Can rely on inadmissible evidence if experts in field reasonably rely on it. On the exam, treat this as a checklist heading: state the governing rule first, name the trigger or element that matters, and then tie the facts to each part before moving to the next doctrine.

- Quick rule block: Daubert: Reliable methodology + sufficient facts. Can rely on inadmissible evidence if experts in field reasonably rely on it.
Sources: evidence-fre-801, evidence-fre-404b, evidence-fre-613

## Primary law and source anchors

- **Federal Rule of Evidence 801**: The definition of hearsay and what counts as an out-of-court statement. (https://www.law.cornell.edu/rules/fre/rule_801)
- **Federal Rule of Evidence 404(b)**: The non-propensity framework for prior-act evidence and MIMIC uses. (https://www.law.cornell.edu/rules/fre/rule_404)
- **Federal Rule of Evidence 613**: Prior inconsistent statement impeachment mechanics and foundation rules. (https://www.law.cornell.edu/rules/fre/rule_613)

## FAQ

- **What is this Evidence one-pager best for?**: Use it as a fast recall reset before you do active practice. It is designed to put the core frameworks back into working memory, not replace question practice.
- **How should I pair this page with the rest of the public library?**: Scan the one-pager first, then open the matching deep dive for full doctrine or the matching most-tested page for review priority. After that, move into a drill or mixed set.

## Related pages

- [Hearsay Exceptions Map for Bar Exam Evidence](https://www.barprepplay.com/deep-dives/evidence/hearsay-exceptions-map/)
- [Most Tested MBE Evidence Topics](https://www.barprepplay.com/most-tested/evidence/)