Evidence Test Taking Cheat Sheet

FOCUS: Character, Impeachment, Hearsay

APPROACH:
- Do not bail on the fact pattern, read the facts aggressively
- Write down where the witness and parties are
- What rule are they testing me on
- Recall the rule and apply it to the facts
- Eliminate the bullshit answers that have incorrectly states the rule
- Then choose the answer that states the rule as applied in the facts
Character Evidence → If the question is using a witness to say D or P did bad
things in the past then it is asking about character evidence
- Probative value outweighs substantial
- Do not pick the answer with
Impeachment → If the question is attacking what the witness just said, then apply
the impeachment rule
- Cross exam is key word to tell us its impeachment question
Hearsay → Not admissible (That is literally the rule)
 The answer is “inadmissible as hearsay” unless they give you all the
elements of the exception/exemption
 Don’t pick an exception unless you are 100 percent sure that’s what the fact
pattern is talking about. Know each element of the exceptions and
exemptions and find each element is in the fact pattern
Torts
½ of torts questions are negligence but divided into 3 different concepts and you
NEED to be able to identify the type of negligence question its testing you on….is
it common law negligence (duty, breach, causation, damages), negligence per se,
or res ipsa loquitar. DO NOT conflate these three concepts

Common Law Negligence

Negligence Per Se

Res Ipsa Loquitar