By Devon Sharpe, IU Robert H. McKinney School of Law
Going into the evidence lecture, I was intimated by the sheer volume of highly complicated issues and questions within the topic. IndyBar evidence lecturer, Rusty Denton, offered help in remembering the many concepts through mnemonics and tips. Please, feel free to share any mnemonics that you used or found helpful.
Exclusions by Rule
The evidence is relevant, but is excluded by one of the rules listed below:
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- Character (404)
- Habit & Custom (406)
- Subsequent Remedial Measures (407)
- Compromise (408)
- Payment (409)
- Withdrawn Pleas (410)
- Liability Insurance (411)
- Sexual Conduct (412-415)
See more here: https://vimeo.com/153108492
Hearsay Exceptions for Available Witnesses
These pieces of evidence are hearsay, but are allowed in under one of the exceptions listed below (not an exhaustive list, just the ones to focus on):
P L U M B E R S
- Public Document
- Learned Treatises
- Excited Utterances
- Medical Diagnosis
- Business Records
- Existing Condition
- Recollection Recorded
- Present Sense Impression
Hearsay Test tip: In an evidence question you should often begin by asking, "What is the purpose of the evidence?"
- First, determine if the statement is an out of court statement.
- Second, decide what the matter asserted is.
- Finally, if the statement is being offered to prove the matter asserted, then it is hearsay and inadmissible without an exception.
With the bar exam a month away, the reality is setting in that this is going to happen. Next week’s blog will discuss how to avoid procrastination and stay focused when studying for the bar exam.