Evidence Tip

When answering Evidence questions:

What evidence was offered?

Why was the evidence offered?

By the above, what I mean is that although some evidence is always admissible or always inadmissible, mostly the same evidence will be admissible for some purposes, and inadmissible for others.

A statement might be admissible to impeach but not to prove the truth of the matter asserted. A person’s predilections might be admissible to prove motive but not to prove character. The fact that someone fixed something after another was injured by that thing might be offered to prove ownership of the thing, but not to prove negligence.

Etc., etc., etc.

If you’re not asking “why,” you’re missing the ball on this subject. You’ll get some questions right, regardless, but the traps that the NCBE has set will ultimately get the best of you