Evidence Attack Outline (Best Attack Sheet)

The most effective way to ace your evidence exam is to approach each question in a methodical way. That means, having at your fingertips a checklist of issues to consider for each exam hypothetical you encounter. The easy way to do this is to distill your evidence outline down to a 1-2 page attack outline. Because I want you all to ace your evidence exam, I’ve already done the hard work for you. So go ahead and save my free 2-page evidence attack outline today. It’s the very same attack sheet I used to ace my evidence exam.

Relevance

• Relevant?
• 403?
• Specialized relevance rules?

Character Evidence

• Is it character evidence?
• 404(b) route around propensity box
• Habit?
• Exception?
  • 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?

Hearsay

• Is it an assertion?
• Offered to prove the truth?
  • Effect on person?
  • Verbal act?
  • Impeachment?
• More than one level of hearsay?
• Exception to hearsay?
• 807 catch all?
• Criminal/Civil? (Confrontation clause; Testimonial?)

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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

Related: Best Evidence Supplement For Law School

Conclusion

If you understand the material associated with each bullet point reflected in this evidence attack outline, then you already know everything you need to know to ace your evidence exam.

Now, all you have to do is apply your knowledge to each exam question by following the steps outlined in the attack sheet.

But as good as this attack outline is, I recommend that you take at least one practice exam prior to your final exam. This will give you the opportunity to work with the attack outline and hone your test-taking skills.

All the best,

JD

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