Evidence Rules and Exceptions: A Comprehensive Guide for Aspiring Attorneys

Learning Outcome: Learn about the rules of evidence applicable to the MBE, including relevance, hearsay, privileges, and exceptions.

Introduction

In the legal field, evidence plays a crucial role in determining the outcome of a case. However, not all evidence is admissible in court. The rules of evidence govern what types of evidence can be presented in court and how they can be used. In this article, we will explore some of the most important evidence rules and exceptions, including relevance, hearsay, privileges, and exceptions. By understanding these rules, you will be better equipped to build a strong case and advocate for your client.

Relevance

The first and most fundamental rule of evidence is relevance. In order for evidence to be admissible in court, it must be relevant to the case at hand. This means that the evidence must have any tendency to make a fact more or less probable than it would be without the evidence. For example, if a witness testifies that they saw the defendant at the scene of the crime, this evidence would be relevant because it tends to make it more probable that the defendant committed the crime.

However, even if evidence is relevant, it may still be excluded if its potential for prejudice, confusion, or delay outweighs its probative value. This is known as the rule of prejudice. For example, evidence of a defendant's prior criminal convictions may be relevant to show their criminal propensity, but it may be excluded if the judge determines that its potential for prejudice outweighs its probative value.

Hearsay

Hearsay is a statement made out of court that is offered in court as evidence to prove the truth of the matter asserted in the statement. Hearsay evidence is generally inadmissible because it is considered unreliable. This is because the person who made the statement is not present in court to be cross-examined, and the jury is unable to assess their credibility.

However, there are many exceptions to the hearsay rule. For example, if the statement was made for the purpose of medical diagnosis or treatment, it may be admissible as an exception to the hearsay rule. Additionally, if the statement was made by a dying person and it concerns the cause or circumstances of their death, it may be admissible as a dying declaration.

Privileges

Privileges are a type of evidence rule that protect certain communications from being disclosed in court. The most common privileges include the attorney-client privilege, the spousal privilege, and the physician-patient privilege. These privileges are designed to protect the confidentiality of certain relationships and to encourage open communication between parties.

For example, the attorney-client privilege protects communications between a lawyer and their client from being disclosed in court. This privilege is designed to encourage clients to be honest and open with their lawyers, which in turn allows lawyers to provide more effective representation.

Exceptions

There are many exceptions to the rules of evidence. For example, the rule against hearsay has many exceptions, as we discussed earlier. Additionally, there are exceptions to the rule of privilege. For example, the attorney-client privilege can be waived if the client discloses the communication to a third party.

Another important exception to the rules of evidence is the excited utterance exception. This exception allows a witness to testify about a statement made while the declarant was under the influence of an exciting event or condition. For example, if a witness heard the defendant make a statement immediately after a car accident, this statement may be admissible as an excited utterance.

Conclusion

Understanding the rules of evidence is essential for any aspiring attorney. By learning about relevance, hearsay, privileges, and exceptions, you will be better equipped to build a strong case and advocate for your client. While the rules of evidence can be complex, they are also intuitive and based on common sense. By understanding the underlying principles of these rules, you will be able to apply them effectively in a variety of legal contexts.

Table of Contents

Relevance
- The Rule of Relevance
- The Rule of Prejudice
Hearsay
- The Hearsay Rule
- Exceptions to the Hearsay Rule
Privileges
- The Attorney-Client Privilege
- The Spousal Privilege
- The Physician-Patient Privilege
Exceptions
- The Excited Utterance Exception
- Waiver of Privilege

Relevance

The Rule of Relevance

The rule of relevance states that evidence must be relevant to be admissible in court. Relevant evidence is evidence that has any tendency to make a fact more or less probable than it would be without the evidence. For example, if a witness testifies that they saw the defendant at the scene of the crime, this evidence would be relevant because it tends to make it more probable that the defendant committed the crime.

The Rule of Prejudice

Even if evidence is relevant, it may still be excluded if its potential for prejudice, confusion, or delay outweighs its probative value. This is known as the rule of prejudice. For example, evidence of a defendant's prior criminal convictions may be relevant to show their criminal propensity, but it may be excluded if the judge determines that its potential for prejudice outweighs its probative value.

Hearsay

The Hearsay Rule

Hearsay is a statement made out of court that is offered in court as evidence to prove the truth of the matter asserted in the statement. Hearsay evidence is generally inadmissible because it is considered unreliable. This is because the person who made the statement is not present in court to be cross-examined, and the jury is unable to assess their credibility.

Exceptions to the Hearsay Rule

There are many exceptions to the hearsay rule. For example, if the statement was made for the purpose of medical diagnosis or treatment, it may be admissible as an exception to the hearsay rule. Additionally, if the statement was made by a dying person and it concerns the cause or circumstances of their death, it may be admissible as a dying declaration.

Privileges

The Attorney-Client Privilege

The attorney-client privilege protects communications between a lawyer and their client from being disclosed in court. This privilege is designed to encourage clients to be honest and open with their lawyers, which in turn allows lawyers to provide more effective representation.

The Spousal Privilege

The spousal privilege protects communications between spouses from being disclosed in court. This privilege is designed to encourage open communication between spouses and to protect the confidentiality of the marital relationship.

The Physician-Patient Privilege

The physician-patient privilege protects communications between a physician and their patient from being disclosed in court. This privilege is designed to encourage patients to be honest and open with their physicians, which in turn allows physicians to provide more effective treatment.

Exceptions

The Excited Utterance Exception

The excited utterance exception allows a witness to testify about a statement made while the declarant was under the influence of an exciting event or condition. For example, if a witness heard the defendant make a statement immediately after a car accident, this statement may be admissible as an excited utterance.

Waiver of Privilege

The attorney-client privilege can be waived if the client discloses the communication to a third party. For example, if a client discloses a communication with their lawyer to a friend or family member, the attorney-client privilege may be waived, and the communication may be admissible in court.

Ace the Multistate Bar Examination: Comprehensive Preparation for Aspiring Attorneys

1 - Introduction to Multistate Bar Examination

2 - Key Legal Concepts Review

3 - Practice Questions and Strategies

4 - Essay Writing Skills

5 - Simulated MBE Exam

Ace the Multistate Bar Examination: Comprehensive Preparation for Aspiring Attorneys

5 modules(s) & 25 lesson(s)