General: When working a problem:
1. What is:
a. The legal context?
b. The issue?
2. Whats the rule?
Three important considerations:
3. Social Policy
42 states have evidence codes. MO is not one of them.
a. FRE 401 says what relevant evidence is
i. Any tendency standard
1. Very liberal standard
ii. Evidence must be probative & material
1. Probative evidence makes a fact more or less probable
2. Material evidences is of a fact that is of conse
A. Evidence Law and the System
a. The goal of evidence is reasonableness.
i. Logically relevant
ii. Legally relevant
i. Hearsay rules
d. Social policy
1. Blocks truth, like attorney-client privilege
Evidence Law and the System
Working an evidence problem:
i. What is the legal context? The issue?
What is the evidence rule?
i. Was the rule violated?
ii. Was it within the discretion of the judge to rule the way he did?
Three Words to Remember: Relevance, Reliability, and Social Policy. Eckhardt.
Why Have Rules of Evidence?
Mistrust of juries Ex: Hearsay doctrine because we dont trust a jury to properly eva
Answering the Hypos:
-What is the call of the question/objection?
-What type of evidence at issue?/what is the CONTENT of the evidence?/what is it purporting to say?
2) real evidence (tangible things)