What is relevant evidence?

Relevant evidence is evidence having any tendency to make a fact of consequence more or less probable than it would be without the evidence.

What does Rule 403 allow a court to do?

A court may exclude relevant evidence if its probative value is substantially outweighed by dangers such as unfair prejudice, confusion, misleading the jury, undue delay, waste of time, or needless cumulative proof.

Hearsay is an out-of-court statement offered to prove the truth of the matter asserted.

When is a prior inconsistent statement nonhearsay?

A witness's prior inconsistent statement is nonhearsay only if it was given under oath at a trial, hearing, deposition, or other proceeding and the declarant testifies and is subject to cross-examination.

What is the business-records exception?

A record of acts, events, conditions, opinions, or diagnoses is admissible if made at or near the time by someone with knowledge, kept in the regularly conducted activity of a business, and making the record was a regular practice, unless shown untrustworthy.

What is character evidence generally not admissible to prove?

Character evidence is generally not admissible to prove that a person acted in conformity with that character trait on the occasion in question.

What is required for expert testimony?

Expert testimony must be given by a qualified expert, be helpful to the trier of fact, be based on sufficient facts or data, and rest on reliable principles and methods reliably applied.

What does the best evidence rule require?

To prove the contents of a writing, recording, or photograph, the original is generally required unless a rule or exception permits other evidence.

What is the attorney-client privilege?

It protects confidential communications between attorney and client made for the purpose of obtaining or providing legal advice.

What is judicial notice?

Judicial notice allows a court to accept a fact as true without formal proof when it is not subject to reasonable dispute because it is generally known or can be accurately and readily determined from unquestionable sources.

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Evidence | MBE Subject | Critical Pass Flashcards

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Evidence | MBE Subject | Critical Pass Flashcards

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Study 100 Evidence MBE flashcards covering relevance, character evidence, impeachment, hearsay, privileges, authentication, best evidence, and judicial notice. Built for focused bar exam review.

MBE Bar Exam Prep

Evidence | MBE Subject | Critical Pass Flashcards

100 high-yield Evidence flashcards built for efficient bar review. Study relevance, witness examination, character evidence, impeachment, hearsay, privileges, authentication, best-evidence issues, and judicial notice in one focused study section.

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Evidence | MBE Subject | Critical Pass Flashcards

Evidence | MBE Subject | Critical Pass Flashcards

All 100 Evidence Cards — Quick Reference

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