Core evidence rules tested on the bar exam.
40 cards · basic cards · AI-written, checked twice. Edit anything.
- What is the definition of relevant evidence under the Federal Rules of Evidence?
- Evidence that has any tendency to make a fact more or less probable than it would be without the evidence, and the fact is of consequence to the action.
- When can relevant evidence be excluded from trial?
- When its probative value is substantially outweighed by a danger of unfair prejudice, confusion, misleading the jury, undue delay, waste of time, or needless presentation of cumulative evidence.
- Define hearsay under the Federal Rules of Evidence.
- An out-of-court statement offered to prove the truth of the matter asserted.
- What is not considered hearsay even if it is an out-of-court statement?
- A statement offered not for its truth but for the effect it had on the listener's state of mind or for circumstantial evidence of its truth.
- What is the exception to the hearsay rule for a statement against interest?
- A statement that at the time was so contrary to the declarant's pecuniary, proprietary, or penal interest that a reasonable person would not have made it unless believing it to be true.
- When is an excited utterance admissible as a hearsay exception?
- A statement relating to a startling event or condition that was made while the declarant was under the stress of excitement caused by the event.
- What is the dying declaration exception to hearsay?
- A statement made when the declarant believed their death was imminent, concerning the cause or circumstances of that death.
- When is a present sense impression admissible as a hearsay exception?
- A statement describing or explaining an event or condition that was made while the declarant was perceiving it or immediately thereafter.
- What must be established for the business records exception to hearsay?
- The record was made at or near the time of the event, by a person with knowledge, in the ordinary course of business, and there is a habit to keep such records.
- What is the best evidence rule?
- To prove the content of a writing, recording, or photograph, the original must be produced unless a rule or statute provides otherwise.
- When is a duplicate admissible as an original under the best evidence rule?
- When the duplicate was made by a reliable process and there is no genuine issue about the original's authenticity or unfairness in admitting the duplicate.
- What is character evidence and when is it generally admissible?
- Evidence of a person's character trait. Generally not admissible to prove the person acted in accordance with that trait on a particular occasion.
- When is character evidence admissible in a criminal case?
- The defendant may offer it to prove their own character. The prosecution may then offer evidence to rebut it. In a sex crime case, propensity evidence is admissible under specified circumstances.
- What is impeachment by prior inconsistent statement?
- Attacking a witness's credibility by showing they made a statement that contradicts their trial testimony.
- Can a witness be impeached with a prior inconsistent statement not under oath?
- Yes, if the witness is given an opportunity to explain or deny the statement and the opposing party has a chance to examine them about it.