Uniform Bar Examination (UBE) Evidence Syllabus

Evidence syllabus — full chapter and topic list

Expand any chapter to see its topics and sub-topics. This is the whole examinable outline for Evidence in Uniform Bar Examination (UBE), not a summary of it.

1. 1

   Relevance and Its Limits

   3 topics

   • Logical and Legal Relevance
     • Relevance under Rules 401-402
     • Rule 403 balancing: probative value vs. prejudice
   • Character Evidence
     • Character in civil and criminal cases
     • Methods of proving character
     • Other crimes, wrongs, or acts (Rule 404(b))
     • Habit and routine practice
   • Special Relevance Rules
     • Subsequent remedial measures
     • Compromise offers and settlement negotiations
     • Payment of medical expenses and plea discussions
     • Liability insurance
2. 2

   Witnesses and Impeachment

   3 topics

   • Competency and Examination
     • Witness competency and personal knowledge
     • Leading questions and scope of cross-examination
     • Refreshing recollection
   • Impeachment
     • Prior inconsistent statements
     • Bias, interest, and contradiction
     • Conviction of a crime (Rule 609)
     • Character for untruthfulness and rehabilitation
   • Opinion and Expert Testimony
     • Lay opinion testimony
     • Expert qualifications and reliability (Daubert)
     • Bases of expert opinion
3. 3

   Hearsay

   3 topics

   • The Hearsay Rule
     • Definition of hearsay and out-of-court statements
     • Non-hearsay purposes
     • Statements that are not hearsay (admissions, prior statements)
   • Hearsay Exceptions
     • Exceptions regardless of availability (Rule 803)
     • Exceptions requiring unavailability (Rule 804)
     • Residual exception
   • Confrontation Clause
     • Testimonial vs. nontestimonial statements (Crawford)
     • Forfeiture by wrongdoing
4. 4

   Privileges, Writings, and Procedure

   3 topics

   • Privileges
     • Attorney-client privilege
     • Spousal privileges
     • Physician/psychotherapist and other privileges
   • Authentication and Best Evidence
     • Authentication of documents and items
     • Self-authenticating evidence
     • Best evidence (original document) rule
   • Presentation and Judicial Notice
     • Judicial notice of adjudicative facts
     • Presumptions and burdens
     • Limited admissibility and rule of completeness

Evidence flashcards for Uniform Bar Examination (UBE)

22 of 72 cards from the Evidence deck — real questions with worked answers.

1. What is the test for logical relevance under FRE 401?

   Evidence is relevant if it has any tendency to make a fact of consequence more or less probable than it would be without the evidence. It requires both probative value (any tendency) and materiality (fact of consequence).

2. Under FRE 403, when may relevant evidence be excluded?

   When its probative value is substantially outweighed by the danger of unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.

3. What is the general rule on admissibility of relevant vs. irrelevant evidence (FRE 402)?

   All relevant evidence is admissible unless excluded by the Constitution, a federal statute, the FRE, or other Supreme Court rules. Irrelevant evidence is never admissible.

4. What is the general rule regarding character evidence in a civil case (FRE 404(a))?

   Evidence of a person's character or character trait is not admissible to prove the person acted in conformity with that character on a particular occasion (no propensity use), except where character is an essential element of a claim or defense.

5. In a criminal case, when may a defendant introduce character evidence, and how may the prosecution respond?

   A defendant may offer evidence of a pertinent character trait. Once the defendant 'opens the door,' the prosecution may rebut it. The defendant may also offer evidence of an alleged victim's pertinent trait, which lets the prosecution rebut and offer the same trait of the defendant.

6. What methods of proving character are allowed and when (FRE 405)?

   When character is admissible by way of reputation or opinion, it may be proved by reputation or opinion testimony, with specific instances allowed on cross-examination. When character is an essential element of a claim/charge/defense, it may also be proved by specific instances of conduct.

7. What are the permissible non-character (MIMIC) purposes for prior bad acts under FRE 404(b)?

   Motive, Intent, absence of Mistake/accident, Identity, and Common plan or scheme (also opportunity, preparation, knowledge). The evidence is admissible for these non-propensity purposes, subject to FRE 403 balancing and notice in criminal cases.

8. How does FRE 413/414 differ from the general character rule in sexual assault and child molestation cases?

   In criminal (and civil under 415) cases alleging sexual assault or child molestation, evidence of the defendant's prior commission of similar offenses IS admissible and may be considered for any matter to which it is relevant, including propensity.

9. Is evidence of subsequent remedial measures admissible? (FRE 407)

   No—it is not admissible to prove negligence, culpable conduct, a product defect, or a need for warning. It may be admitted for other purposes such as proving ownership/control, feasibility (if disputed), or impeachment.

10. Are settlement offers and negotiations admissible? (FRE 408)

    No—offers to compromise a disputed claim, and conduct/statements made during compromise negotiations, are inadmissible to prove or disprove the validity or amount of a disputed claim or to impeach by prior inconsistent statement. There must be a disputed claim.

11. Are offers to pay medical expenses admissible? (FRE 409)

    Offers (or promises/payment) to pay medical, hospital, or similar expenses resulting from an injury are not admissible to prove liability. Unlike Rule 408, accompanying statements/admissions of fact ARE admissible.

12. What is the rule on withdrawn guilty pleas, nolo contendere pleas, and plea discussions? (FRE 410)

    Withdrawn guilty pleas, nolo contendere pleas, statements made during plea proceedings, and statements during plea negotiations with the prosecutor are inadmissible against the defendant who made the plea or participated.

13. Is evidence of liability insurance admissible? (FRE 411)

    No—evidence that a person was or was not insured against liability is not admissible to prove negligence or wrongful conduct. It may be admitted for other purposes such as proving agency, ownership, control, or witness bias/prejudice.

14. What does the rape shield rule (FRE 412) generally prohibit and what are its exceptions?

    It bars evidence of a victim's other sexual behavior or sexual predisposition. Criminal exceptions: specific instances to show another source of physical evidence (semen/injury), prior acts with the accused to show consent, and where exclusion violates the defendant's constitutional rights.

15. What is the modern presumption regarding witness competency under FRE 601?

    Every person is presumed competent to be a witness unless the rules provide otherwise. The witness must generally have personal knowledge (602) and take an oath/affirmation to testify truthfully (603).

16. What is the requirement of personal knowledge under FRE 602?

    A witness may testify to a matter only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. This rule does not apply to expert opinion testimony.

17. May a judge or juror testify in a trial? (FRE 605/606)

    The presiding judge may not testify as a witness in that trial. A juror may not testify before the other jurors; during an inquiry into the validity of a verdict, a juror generally may not testify about deliberations except about extraneous prejudicial information, outside influence, or a mistake on the verdict form.

18. What is the Dead Man's Statute (generally)?

    A state-law rule that bars an interested party from testifying about a personal transaction or communication with a deceased person when the testimony is offered against the decedent's estate. It is not part of the FRE but applies in diversity cases where state law supplies the rule of decision.

19. What is the difference between leading questions on direct vs. cross-examination? (FRE 611(c))

    Leading questions are generally not permitted on direct examination (exceptions: hostile witnesses, adverse parties, preliminary matters, witnesses with difficulty). On cross-examination, leading questions are ordinarily permitted.

20. What is the scope-of-cross-examination rule under FRE 611(b)?

    Cross-examination should not go beyond the subject matter of the direct examination and matters affecting the witness's credibility. The court may, in its discretion, allow inquiry into additional matters as if on direct.

21. What is the difference between refreshing recollection (FRE 612) and recorded recollection (FRE 803(5))?

    Refreshing recollection: a writing is used to jog the witness's present memory; the writing itself is not evidence (adverse party may inspect/introduce it). Recorded recollection: a witness once had knowledge but now cannot recall; a record made when fresh is read into evidence as a hearsay exception but only received as an exhibit if offered by the adverse party.

22. Who may impeach a witness, and what is the modern rule? (FRE 607)

    Any party, including the party that called the witness, may attack the witness's credibility. The traditional 'voucher' rule prohibiting impeaching one's own witness has been abolished.

See more Evidence flashcards →

Planning Evidence for Uniform Bar Examination (UBE)

Evidence (Uniform Bar Examination (UBE)) FAQ