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?
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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?
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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.
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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?
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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?
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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?
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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?
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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?
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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?
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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?
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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?
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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?
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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?
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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?
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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?
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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.
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