Evidence
Evidence governs what information a jury may consider at trial. This chapter reviews general rules tested on the MBE, based largely on the Federal Rules of Evidence. Jurisdictions may vary in their treatment of specific issues.
Relevance
Evidence is relevant if it has any tendency to make a fact of consequence more or less probable. Relevant evidence is generally admissible but may be excluded if its probative value is substantially outweighed by dangers such as unfair prejudice, confusion, or waste of time.
Hearsay
Hearsay is an out-of-court statement offered to prove the truth of the matter asserted and is generally inadmissible unless an exclusion or exception applies. Many recognized exceptions exist, such as present-sense impressions and business records, with details that can vary by jurisdiction.
Character and Impeachment
Character evidence is ordinarily inadmissible to prove that a person acted in conformity with a trait on a particular occasion, subject to exceptions. Separate rules govern impeaching a witness's credibility and the use of prior statements.