Evidence Law
Core concepts
Understand relevance, materiality, and probative value versus prejudicial effect. Study the categories of evidence: direct and circumstantial, testimonial, documentary, and physical. Learn the rules on witness competence and credibility, examination-in-chief, cross-examination, and re-examination, and the limits on leading questions. Know the hearsay rule and its recognized exceptions (dying declarations, admissions, business records, official documents). Study privilege (legal professional privilege, self-incrimination), the burden of proof (prosecution bears it beyond reasonable doubt in criminal cases), and the standard of proof. Understand corroboration requirements and the treatment of confessions, including the rule that a confession obtained by coercion is inadmissible.
Traps
Examiners test whether a statement is offered for its truth (hearsay) or for another purpose (e.g., to show the effect on the listener). Another trap is confusing burden of proof with burden of production. Watch for questions on character evidence - generally inadmissible to prove conduct, with narrow exceptions. Also be alert to the difference between weight and admissibility.
Rule of thumb
Ask three questions of any item: Is it relevant? Is it excluded by a rule (hearsay, privilege, character)? If admitted, how much weight does it carry? Relevance gets you in the door; exclusion rules may keep you out; weight is for the fact-finder.
Worked example
A witness testifies that a third party said, "The accused was at the scene." Offered to prove the accused was there, it is hearsay. Offered to show why police went to the scene, it is not hearsay.