Evidence One-Pager | BarPrepPlay

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.

Section sources

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.

Section sources

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).

Section sources

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.

Section sources

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.

Section sources

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.

Section sources

Primary law and source anchors

• Federal Rule of Evidence 801 The definition of hearsay and what counts as an out-of-court statement.
• Federal Rule of Evidence 404(b) The non-propensity framework for prior-act evidence and MIMIC uses.
• Federal Rule of Evidence 613 Prior inconsistent statement impeachment mechanics and foundation rules.

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