Evidence Study Guide

Relevance and the FRE 401-403 Framework

Foundation of admissibility analysis: logical relevance, materiality, and balancing probative value against unfair prejudice.

Character Evidence and FRE 404-405

Prohibited propensity reasoning, permitted character uses, methods of proof, and the critical MIMIC exceptions.

Habit, Routine Practice, and Other Acts Evidence

Distinguishing admissible habit evidence from character, plus FRE 406 and similar acts analysis.

The Hearsay Rule and Defining Out-of-Court Statements

Identifying hearsay, understanding the testimonial dangers, and recognizing non-hearsay purposes under FRE 801.

Hearsay Exemptions: Prior Statements and Admissions

FRE 801(d) exemptions including prior inconsistent statements, party admissions, and adoptive admissions.

Hearsay Exceptions: Declarant Availability Immaterial

FRE 803 exceptions including present sense impression, excited utterance, state of mind, and business records.

Hearsay Exceptions: Declarant Unavailability Required

FRE 804 exceptions covering former testimony, dying declarations, statements against interest, and forfeiture.

Witness Competency, Examination, and Impeachment

Lay and expert witness qualifications, leading questions, and the five impeachment methods under FRE 607-613.

Rehabilitation and Prior Consistent Statements

Rehabilitating impeached witnesses, timing requirements for prior consistent statements, and bolstering limitations.

Privileges: Attorney-Client, Spousal, and Others

Scope and waiver of major testimonial privileges, crime-fraud exception, and MBE federal common law approach.

Authentication, Best Evidence Rule, and Real Evidence

FRE 901-902 authentication methods, original document rule under FRE 1001-1004, and demonstrative evidence.

Expert Testimony, Scientific Evidence, and Judicial Notice

Daubert reliability standards, FRE 702-706 expert requirements, basis of opinions, and FRE 201 judicial notice.