Evidence can be one of the hardest law school classes, but it doesn’t have to be. In fact, there’s a simple way to master Evidence that your Evidence professor won’t teach you. But I will. Hi I’m JD, a BigLaw associate. I aced my Evidence exam by studying smart (not hard) and creating an actionable outline tailored specifically to what Evidence professors want to see on the final exam. Read on to learn why you need to download my proven Evidence outline today.
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- Specialized relevance rules?
- Is it character evidence?
- 404(b) route around propensity box
- 404(a)(1) Character of Accused?
- 404(a)(1) Character of Accused?
- 404(a)(2) Character of Victim? Rape shield law?
- 405(b) Specific instance of conduct as essential element?
- 413-415 Sexual assault?
- Non character based? (contradiction, past inconsistent statement, bias)
- Character based?
- 608(a) Character of truthfulness – opinion/rep
- 608(b) Specific acts on cross bearing on truthfulness?
- 609(a)(1) conviction > 1 year bearing on truthfulness?
- 609(a)(2) any conviction w/element based on untruthfulness?
- 609(b) Less than 10 years?
- Is it an assertion?
- Offered to prove the truth?
- Effect on person?
- Verbal act?
- More than one level of hearsay?
- Exception to hearsay?
- 807 catch all?
- Criminal/Civil? (Confrontation clause; Testimonial?)
Exceptions To Hearsay
801 – Declarant testifies at trial, subject to cross, AND
- Prior inconsistent statement under oath offered substantively
- Prior consistent statement offered in rebuttal
- Prior identification
801 – Statement by party opponent offered against him, AND
- Party’s own words
- Adoptive admission
- Co-conspirator statement
- Statement of agents
803 – Availability of declarant immaterial, AND
- Present sense impression
- Excited utterance
- Statement of then existing condition
- Medical diagnosis
- Recorded recollection (writing used to refresh memory)
- Business records (absence of business records)
- Public records (absence of public records)
- Ancient documents
804 – Declarant unable to testify, AND
- Former sworn testimony
- Statement against interest
- Dying declarations
- Forfeiture by wrongdoing
807 – Catch All
- Reliability and trustworthiness
All the best,
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