Category: Evidence
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Evidence on the California Bar Exam Long Outline
EVIDENCE I. Relevance Two-Step Inquiry Is the evidence relevant (tends to prove or disprove a material fact)? General Rule: evidence that has any tendency to make a material fact more probable or less probable than it would be without the evidence it’s relevant (logical relevance), but evidence must relate to the time, event, or person…
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Evidence Attack Sheet for the California Bar Exam
Is The Evidence Admissible? Proper form? Leading? Proper purpose? Logical relevance – must tend to prove or disprove a material issue in dispute. Remember similar happenings. Legal relevance – should relevant evidence nonetheless be excluded? Judicial Discretion: probative value substantially outweighs risk of unfair prejudice, confusing the issues, wasting time, misleading the jury. Public Policy:…
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Evidence Outline for the California Bar Exam
FORM Leading Question – Q’s which suggest an answer. Direct examination – not allowed except as to preliminary matters. Cross examination – allowed. Also allowed if a witness is frail or unable to answer due to physical infirmity, or when a witness is hostile. Misleading Question – cannot be answered w/o making an unintended admission.…