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Impeachment Methods on the UBE - How to Impeach, Exceptions, and Procedure for the MBE and MEE

    Within the subject of evidence, the three main topics standout as being crucially important for this subject, and rightfully so.   They are relevance, witnesses, and hearsay.   Within each of these three main topics, one subtopic reigns supreme.   Within relevance, that subtopic is character evidence.   Within hearsay, that subtopic is of course the hearsay exceptions.   Within the subject of witnesses, the crucial subtopic is of course the methods of impeachment methods.      This blog post aims to tackle the seven methods of impeachment, dissecting each one by providing the definition, exceptions, procedural rules, and examples where applicable.   BAR EXAM NOTE – When confronted with an impeachment MBE question or MEE issue, ask yourself two threshold questions before delving into the fact pattern.  Keep in mind the following: 1 – Does the witness have to be on the stand in order to use this impeachment method...

Privileges on the UBE - Attorney / Client, Physician / Patient, & Spousal - Miscellaneous Rules of Evidence

  There are four miscellaneous topics tested on the Bar exam within the subject of Evidence.   They include: 1) authentication of writings; 2) the best evidence rule; 3) judicial notice and; 4) privileges.   Many examinees do not pay particular attention to these four areas of law because we tend to focus on relevance, witnesses, and hearsay, the “Big 3” of Evidence, and rightly so!     That said, we will face 3-5 MBE questions from these miscellaneous rules of law, and we can easily see an MEE issue on privileges.   Possible, but unlikely on/with the best evidence rule and authentication of writings.   Highly unlikely on the rule of law for judicial notice because it is quite easy and would be a rather straightforward MEE issue.     Therefore, since we know we will have 3-5 MBE questions covering these rules of law as well as a possible MEE issue coupled with the fact that these miscellaneous evidence rules of law are rather easy to memo...