Evidence
Evidence tests relevance, character, hearsay, impeachment, privileges, and expert testimony under the Kentucky Rules of Evidence (KRE). The KRE closely track the Federal Rules but contain Kentucky-specific differences that the bar exam expects you to notice.
Relevance and character
KRE 401 defines relevance as a tendency to make a fact more or less probable. KRE 403 excludes relevant evidence whose probative value is substantially outweighed by unfair prejudice. Character evidence is generally inadmissible to prove conduct, but KRE 404(b) permits prior acts for motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake.
Hearsay
Hearsay is an out-of-statement offered for its truth. KRE 803 lists non-exhaustive exceptions, including present sense impression, excited utterance, business records, and public records. KRE 804 applies when the declarant is unavailable, including former testimony and statements against interest.
Impeachment and privileges
Prior inconsistent statements may impeach; under KRE 613 the witness must be given an opportunity to explain or deny. Felony convictions may impeach subject to KRE 609 balancing. Kentucky recognizes privileges for attorney-client, clergy, physician-patient, and spousal communications under KRE 503 through 507.
Experts
KRE 702 permits expert testimony if specialized knowledge will help the trier of fact. Kentucky courts apply a Daubert-style reliability analysis to scientific and technical testimony.
Worked example
Defendant is charged with arson. The prosecution offers evidence that defendant burned a vacant building two years earlier. The evidence is inadmissible to show propensity, but if offered to show identity or a common plan, the court may admit it under KRE 404(b) with a limiting instruction.
Traps
Treating KRE 404(b) as a general admissibility rule; forgetting that hearsay exceptions require unavailability only under KRE 804; ignoring the KRE 609 balancing test; assuming physician-patient privilege is absolute.