Overview Flashcards
What is the governing law for Evidence on the Multistate?
Federal Rule of Evidence - so avoid common law, generally
What is the governing law for TX Procedure and Evidence?
Generally, Texas Rules of Evidence (TRE).
What should be my main focus for Evidence on the Multistate?
For Multistate, focus on:
- Relevance (public policy exceptions, character evidence)
- Witnesses (impeachment)
- Hearsay (statement made outside court that is offered to prove the content of the statement)
For Multistate, when do the Federal Rules of Evidence not apply?
Except for rules relating to privilege, the Federal Rules of Evidence do not apply in: (i) court’s determination on a preliminary question of fact governing admissibility; (ii) grand jury proceedings; and (iii) other miscellaneous proceedings like those that involve sentencing, extradition, bail, and probation.
What is the three-part strategy to tackle Evidence on the MBE?
To tackle Evidence on the MBE:
- Civil or criminal?
- Situate proceeding (cross or direct examination)
- Why is evidence being offered?
- prove substantive truth?
- discredit witness?
- prove propensity?
What is the breakdown of MBE questions?
- 1/3 (8-9 questions) on hearsay
- 1/3 questions on impeachment
- 1/3 on policy reasons, character evidence, privileges, etc.
In regards to admissibility, the judge decides:
- if a witness is competent to testify
- existence of privilege
- admissibility of evidence
The judge is not bound by the rules of evidence - except privilege.
A presumption is a rule that requires a particular inference to be drawn from an ascertained set of facts. How is presumption destroyed in civil cases? In criminal cases?
In civil cases: a presumption is destroyed when the adversary produces evidence to rebut the presumption
In criminal cases: D does not need to produce evidence to rebut a presumption (no mandatory presumptions against him)
