Use Quimbee’s Evidence Outline and Quickline to ace your final exam in evidence or supplement your preparation for the Multistate Bar Examination (MBE). Professionally written and fully accessible 24/7 on desktop, tablet, and mobile devices, Quimbee’s Evidence Outline covers the rules of evidence governing the information that may be presented in a legal proceeding.
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Presentation of Evidence
Evidence is “[s]omething (including testimony, documents, and tangible objects) that tends to prove or disprove the existence of an alleged fact.” [Black’s Law Dictionary (10th ed. 2014)] Evidence can be testimonial (i.e., a written or oral assertion), documentary (e.g., a contract or a will), or real (i.e., something tangible, such as fingerprints or a photograph). The Federal Rules of Evidence (FRE), first enacted in 1975, apply to the presentation of evidence in all federal cases, whether civil or criminal. The FRE mostly codified common law evidentiary rules, with some departures, and while most states have enacted mirroring provisions that are applicable in state cases, some states retain at least some common law rules of evidence.
Introduction of Evidence at Trial
Not all evidence is admissible; courts must make admissibility determinations based on the FRE. The FRE “should be construed so as to administer every proceeding fairly, eliminate...