Evidence

Question 1

SOURCES OF LAW

Answer 1

FOR MBE DAY: Federal Rules

FOR FLORIDA DAY: FL Law where it conflicts with the FRE

Question 2

TOPICS TESTED

Answer 2

Witness Competency, Privilege, Hearsay, Impeachment, Character Evidence, Real Evidence, Relevancy, Authentication, Other Considerations (judicial notice and procedure)

Question 3

Question Answer Approach

Answer 3

1) Narrow the Issue Being Tested - Isolate
2) ID Cause of Action - Civil v. Criminal
3) Situate Proceeding - Direct, Cross, ReDirect?
4) ID Purpose or Which Evidence is Offered?
- Substantive for Truth
- Discredit-Impeach
- Prove Propensity - Character
5) Answer Question in Your Head
6) Answer Question Picking Matching Answer Choice

Question 4

THRESHOLD ADMISSIBILITY ISSUES

Answer 4

1. Materiality
2. Relevance
3. Competence

Question 5

MATERIALITY

Answer 5

Exists when the proffered evidence relates to one of the substantive legal issues in the case. They key questions to ask regarding materiality are:
1. What is the evidence offered to prove
2. Is that legal issue material to the substantive cause of action or defense in the case?
The answer to these questions and the determination on materiality depend upon the substantive legal issues framed by the pleadings

Question 6

RELEVANCE

Answer 6

Generally - Probativeness.

The link between proof and proposition - evidence that contributes to proving or disproving a material issue

Question 7

COMPETENCE

Answer 7

Evidence is competent if it does not violate an exclusionary rule. If evidence is material and relevant, the only reason such evidence would not be admitted is if it is prohibited by a special exclusionary rule of evidence.

Question 8

EVIDENCE CLASSIFICATIONS

Answer 8

1. Direct Evidence:

2. Circumstantial Evidence