Evidence
Relevance and Character
Relevance is materiality plus probative value. Rule 403 excludes if probative value is substantially outweighed by unfair prejudice, confusion, or waste. Character evidence is generally inadmissible to prove conduct, but exceptions exist: criminal defendant may offer character for a pertinent trait; prosecution may rebut; character for truthfulness (impeachment) and habit evidence are admissible.
Hearsay
Hearsay is an out-of-court statement offered to prove the truth of the matter asserted. Non-hearsay uses include impeachment, effect on the listener, and verbal acts. Exemptions include party admissions, prior consistent statements, and prior inconsistent statements under oath. Exceptions include present sense impression, excited utterance, then-existing mental, physical, or emotional condition, medical diagnosis, recorded recollection, business records, public records, ancient documents, and residual.
Confrontation and Privileges
Confrontation Clause bars testimonial hearsay against a criminal defendant unless the declarant is unavailable and the defendant had a prior opportunity to cross-examine (Crawford). Privileges include attorney-client, physician-patient, spousal, and clergy.
Traps
Questions test whether a statement is offered for its truth (if not, no hearsay), whether the declarant is available (some exceptions require unavailability), and whether impeachment is by contradiction, prior inconsistent statement, bias, or character for truthfulness.
Rule of thumb
Before applying a hearsay exception, ask whether the statement is hearsay at all. Often it isn't.