Evidence MBE Outline

I. Relevance

• General Rule (FRE 401): Evidence is relevant if it has any tendency to make a fact of consequence more or less probable.
• Exclusion (FRE 403): Court may exclude relevant evidence if its probative value is substantially outweighed by danger of unfair prejudice, confusion, or waste of time.

II. Hearsay

• Definition: An out-of-court statement offered to prove the truth of the matter asserted.
• Not Hearsay: Statements of party-opponents, prior inconsistent statements under oath, or words of independent legal significance.
• Exceptions: Excited Utterance, Present Sense Impression, Statement for Medical Diagnosis/Treatment, Business Records, Statement Against Interest.

III. Witnesses

• Impeachment: Witness credibility may be attacked via bi