Overview

Question 1

WHAT LAW APPLIES ON THE BAR EXAM

Answer 1

• FRE govern (“MBE”).
• Many wrong answer choices reflect CLR that was replaced by FRE

Question 2

Applicability of Federal Rules

Answer 2

• Generally applicable in all civil & criminal federal proceedings.
• However, there are certain types of proceedings (listed below) where judge/jury is permitted to consider more info than would be admissible under Federal Rules.

Question 3

When Federal Rules Do Not Apply

Answer 3

Except for rules relating to privilege, the Federal Rules do
not apply in:
(1) ct’s determination of a prelim question of fact relating to admissibility (we’ll cover this in the final module on Procedural Considerations);
(2) grand jury proceedings; and
(3) other miscellaneous proceedings, including those involving sentencing, extradition, bail, and probation.