Evidence on the bar exam

Evidence is the most rule-numbered subject on the bar exam. It is tested from the Federal Rules of Evidence, and questions reward candidates who can move from relevance to an exclusionary rule to an exception in a fixed order.

Hearsay is the centre of gravity. A candidate who can reliably answer whether a statement is hearsay, whether it is excluded from the definition, and which exception applies, has already secured most of the available points.

• Rule 403 balancing shows up as the fallback answer in a large share of questions.
• Character evidence questions depend on whether the case is civil or criminal and who opened the door.
• Hearsay requires a three-step answer: out-of-court statement, offered for its truth, then exclusion or exception.
• The Confrontation Clause adds a separate constitutional layer in criminal cases that the hearsay rules alone do not resolve.

• Work through the rules in numerical order once, then drill hearsay in isolation until it is mechanical.
• Keep the 801(d) exclusions and the 803, 804, and 807 exceptions on separate pages; conflating them is the classic error.
• Practise impeachment questions with the rule number attached to each method.

169 pages across 19 chapters, organised in the order the law applies:

• Relevance and FRE 401-403 balancing
• Character, propensity, habit, and Rule 404(b)
• Competency, impeachment, and rehabilitation
• Lay and expert opinion under Daubert
• Authentication and best evidence
• Hearsay definition and Rule 801(d) exclusions
• Rule 803, 804, and 807 exceptions
• Confrontation Clause and privileges

• Civil Procedure
• Constitutional Law
• Contracts and Sales (UCC Article 2)
• Criminal Law and Procedure
• Real Property
• Torts
• Business Associations
• Multistate Performance Test (MPT)
• Professional Responsibility (MPRE)