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Lecture 4 Evidence Foundations 
and MPT Introduction Welcome to 

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Week 2. 
Of our bar. 

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Prep Master Class In Lecture 4, 
we turn our focus to the law of 

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Evidence and begin our formal 
introduction to the Multi State 

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Performance Test MPT. 
Mastery of evidence doctrine is 

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crucial not only for success on 
the Multi State Bar examination 

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MBE, but also for effective 
analysis on the Multi State 

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essay Examination Mee. 
Meanwhile, the MPT assesses 

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practical lawyering skills by 
requiring the application of 

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legal reasoning to a closed 
universe problem. 

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Together, these two disciplines 
will deepen both your doctrinal 

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fluency and your practical 
proficiency. 

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Let us begin with the 
foundational principles of 

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evidence. 
Evidence Foundations. 

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Evidence governs what 
information may be presented to 

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a fact Finder at trial. 
It is rooted in centuries old 

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common law traditions and the 
codified Federal Rules of 

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Evidence Free, which were 
promulgated to provide 

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consistency and fairness in the 
judicial process. 

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The rules aim to enhance the 
accuracy of fact finding, 

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safeguard against unfair 
prejudice, and promote judicial 

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efficiency. 
In law school, students often 

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approach the subject as a 
memorization challenge, but for 

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bar exam purposes, success 
requires more than simple rote 

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recall. 
You must not only memorize the 

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rule statements, but also 
internalize their policy 

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rationale and understand how 
each rule operates within the 

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broader evidentiary framework. 
Most questions on the MBE test a

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nuanced application of rules 
rather than simple definitions. 

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You'll be asked to evaluate 
whether a hearsay exception 

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applies, whether a witness may 
be impeached using a prior BAT 

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act, or whether the relevance of
certain evidence is outweighed 

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by its prejudicial impact under 
Rule 4. 

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O3. 
These scenarios require both 

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doctrinal fluency and critical 
thinking. 

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A strategic approach to evidence
will pay dividends in multiple 

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areas of the bar exam. 
Relevance Relevance is the 

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foundational requirement for the
admissibility of any piece of 

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evidence under Rule 4. 
O1 Evidence is relevant if it 

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has any tendency to make a fact 
more or less probable than it 

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would without the evidence and 
that fact is of consequence in 

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determining the action. 
This standard is extremely 

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liberal. 
Evidence need not prove a fact 

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conclusively, but merely have 
any probative value. 

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However, relevance alone does 
not guarantee admissibility. 

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Rule 403 gives judges 
discretionary power to exclude 

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relevant evidence if its 
probative value is substantially

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outweighed by the danger of 
unfair prejudice, confusion of 

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the issues, misleading the jury,
undue delay, wasting time, or 

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presenting cumulative evidence. 
This balancing test is vital in 

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criminal trials where the 
prosecution may wish to 

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introduce prior misconduct, 
emotionally charged imagery, or 

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inflammatory language. 
The court must carefully weigh 

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whether the evidence will help 
the jury reach a more accurate 

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verdict or distract and inflamed
their passions. 

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Character evidence seeks to 
establish that a person acted in

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conformity with a particular 
character trait on a specific 

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occasion. 
In most situations, the law 

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disfavors this kind of evidence 
due to its prejudicial nature. 

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Rule four O 4 prohibits using 
character evidence to prove 

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conduct on a specific occasion, 
but it provides several 

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exceptions that are essential to
understand. 

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In civil cases, character 
evidence is generally 

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inadmissible unless character is
an essential element of a claim 

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or defense. 
These cases are rare but may 

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include defamation, negligent 
hiring or entrustment, and child

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custody. 
In criminal cases, the accused 

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may open the door by introducing
evidence of a pertinent trait, 

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example peacefulness when 
charged with assault. 

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This allows the prosecution to 
rebut with contrary character 

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evidence which can include 
opinion, reputation, and 

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specific instances of conduct 
during cross examination. 

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Rule 4 O 4B permits evidence of 
prior bad acts not to prove 

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propensity but for other 
purposes such as motive, 

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opportunity, intent, preparation
plan, knowledge, identity, or 

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absence of mistake or accident. 
This is often tested on the bar 

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exam because students must 
recognize when the evidence is 

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being used for a legitimate non 
character purpose. 

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The court may admit such 
evidence only with advance 

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notice and a limiting 
instruction to the jury. 

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Habit and routine practice Habit
evidence is treated more 

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favorably than character 
evidence. 

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Rule 406 allows the introduction
of evidence showing a person's 

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routine response to a specific 
set of circumstances to prove 

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that they acted in accordance 
with the habit on a particular 

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occasion. 
The key is specificity and 

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regularity. 
For instance, evidence that a 

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driver always signals before 
changing lanes may be 

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admissible, whereas a general 
reputation for carefulness would

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not be. 
The rule also applies to 

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organizations. 
A company may offer its standard

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procedures as evidence that it 
followed its usual protocol. 

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This is particularly relevant in
business operations, medical 

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facilities, or law enforcement 
agencies. 

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Hearsay. 
And it's exceptions. 

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Hearsay is one of the most 
nuanced and frequently tested 

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doctrines in evidence. 
Defined in Rule 8, O1, Hearsay 

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is an out of court statement 
offered for the truth of the 

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matter asserted. 
The rule covers verbal, written,

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and nonverbal assertions. 
The prohibition against hearsay 

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aims to exclude statements that 
cannot be tested through cross 

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examination. 
However, not all out of court 

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statements are hearsay. 
Rule 8 O 1D lists exclusions 

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that are considered non hearsay.
These include prior inconsistent

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statements made underoath and 
subject to cross examination, 

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prior consistent statements 
offered to rebut charges of 

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recent fabrication, prior 
identifications made after 

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perceiving a person admissions 
by a party opponent, including 

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vicarious admissions, adoptive 
admissions, and statements made 

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by authorized agents. 
In addition to these exclusions,

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the free provides over 20 
exceptions in rules eight O 3 

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and eight O 4, which allow 
certain hearsay statements to be

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admitted even without the 
declarants availability. 

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These include present sense 
impressions made while 

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perceiving an event, excited 
utterances made under the stress

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of a startling event, statements
for medical diagnosis or 

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treatment, recorded 
recollections and business 

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records which require proper 
foundation, public records 

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describing official duties or 
observations, dying declarations

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which apply in homicide 
prosecutions and civil cases, 

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and statements against interest 
which must be against the 

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declarants own pecuniary or 
penal interest. 

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Special constitutional 
considerations arise under the 

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Confrontation Clause in criminal
prosecutions. 

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In Crawford versus Washington, 
the Supreme Court held that 

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testimonial statements by an 
unavailable witness are 

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inadmissible unless the 
defendant had a prior 

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opportunity to cross examine 
them. 

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Testimonial statements include 
formalized ex parte statements 

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and those made during police 
interrogations when the primary 

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purpose is gathering evidence 
for prosecution. 

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Impeachment. 
Impeachment allows parties to 

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attack a witness's credibility. 
Under Rule Six O 7, any party 

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may impeach, including the one 
that called the witness. 

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Impeachment techniques include 
demonstrating bias, interest or 

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corruption, prior inconsistent 
statements whether sworn or 

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unsworn, attacks on character 
for truthfulness under Rule Six 

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O 8 using opinion or reputation 
testimony, prior convictions 

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under Rule 609 if they are 
crimes of dishonesty or felonies

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within 10 years, sensory or 
mental defects affecting the 

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witnesses perception or memory. 
Extrinsic evidence is admissible

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for impeachment on non 
collateral matters. 

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However, when impeachment 
concerns collateral issues, 

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extrinsic evidence is excluded 
and the cross examiner must 

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accept the witnesses answer. 
If a witness is impeached, they 

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may be rehabilitated by showing 
their good character for 

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truthfulness or through prior 
consistent statements introduced

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under Rule 8. 
O 1D1B. 

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Authentication and the best 
evidence Rule. 

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Authentication ensures that 
evidence is what the proponent 

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claims it to be. 
Rule nine O 1 requires only a 

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prima facie showing that a 
document, recording, or item is 

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authentic. 
Methods include testimony from a

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knowledgeable witness, 
distinctive characteristics, or 

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comparison with authenticated 
samples. 

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Certain documents are self 
authenticated under Rule 9 O2, 

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such as certified public 
records, newspapers, commercial 

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labels, and official 
publications. 

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These do not require extrinsic 
evidence of authenticity under 

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the best evidence rule, Rule 
1002. 

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When the content of a writing is
an issue, the original writing 

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must be produced unless an 
exception applies. 

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A duplicate is admissible under 
Rule 1003 unless there is a 

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genuine dispute about the 
originals authenticity, or 

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circumstances make its use 
unfair. 

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This rule is especially 
important in contract disputes, 

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wills, and evidentiary hearings 
involving surveillance footage 

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or digital records. 
Privileges. 

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Privileges protect confidential 
communications within specific 

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relationships. 
Although the FREE does not 

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codify most privileges, federal 
common law recognizes several. 

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State law governs privileges in 
diversity cases under Rule Five 

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O 1. 
The most commonly tested 

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privileges include 
attorney-client privilege, which

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protects confidential 
communications between client 

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and lawyer made for legal 
advice. 

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This privilege survives the 
termination of the relationship 

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and even the client's death. 
Spousal privileges consist of 

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spousal immunity, preventing a 
spouse from testifying against 

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the other in criminal trials and
confidential marital 

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communications, which protect 
private discussions during 

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marriage. 
Doctor patient privilege 

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recognized in many jurisdictions
but not in federal criminal 

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cases. 
Communications must be for the 

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purpose of diagnosis or 
treatment. 

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Psychotherapist Patient 
privilege Widely accepted and 

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applicable to licensed mental 
health professionals. 

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Clergy Penitent privilege 
protects confessions or 

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disclosures made to a member of 
the clergy in their professional

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capacity. 
Each privilege may be waived by 

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the holder or lost through 
disclosure to third parties. 

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Inadvertent disclosures, such as
during discovery, may trigger 

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Rule 5O2 protections if 
reasonable steps were taken to 

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prevent it and correct the 
mistake. 

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These evidentiary doctrines form
the spine of trial practice and 

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appear in both multiple choice 
and essay components of the bar 

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exam. 
Mastery of this material will 

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improve not just your bar exam 
score, but your practical 

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ability to litigate effectively.
Let us now shift to the MPT 

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portion of today's lecture. 
MPT Introduction The multi state

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performance test MPT is an 
essential part of bar readiness,

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simulating a real world legal 
task where you must analyze a 

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closed universe problem. 
You have 90 minutes to complete 

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a performance based writing 
assignment using only the 

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supplied materials. 
Success on the MPT does not 

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require outside legal knowledge,
only careful reading, reasoning 

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and clear writing. 
MPT Structure. 

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Each MPT consists of three 
components. 

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A task memo that outlines the 
client's goals and the format of

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the required product. 
For example, internal 

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memorandum, persuasive brief 
client letter. 

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A file containing factual 
records, often including 

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interview transcripts, emails, 
contracts, deposition excerpts, 

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or pleadings. 
A library comprising applicable 

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legal rules, including statutes,
regulations, and judicial 

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opinions from a fictional 
jurisdiction. 

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Types of Tasks While the most 
common tasks are objective 

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memoranda and persuasive briefs,
other formats include demand 

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letters, opinion letters to 
clients, contract drafting or 

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revision, fact patterns 
requiring ethical analysis or 

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advice. 
Skills Tested The MPT tests your

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ability to extract and organize 
relevant facts from dense 

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records. 
Identify controlling rules and 

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apply them logically to specific
facts. 

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Write clearly, concisely, and 
persuasively under strict time 

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constraints. 
Demonstrate professional tone 

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and appropriate legal 
formatting. 

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Approach Strategy Start with a 
task memo. 

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Identify the precise objective 
and required tone. 

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Read the library next to 
understand legal standards and 

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definitions. 
Review the file carefully, 

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noting all facts that bear on 
the legal issues. 

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Create a brief outline 
organizing the rule fact 

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application for each issue. 
Use appropriate headings. 

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Apply IRAC rigorously, and 
follow formatting cues from the 

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task instructions. 
Efficient time management is 

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key. 
Consider allocating 25 to 30 

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minutes for reading and 
outlining and 60 to 65 minutes 

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for writing and editing. 
Avoid wrote recitation of rules 

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and instead prioritize precise, 
issue focused analysis. 

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With the foundations of evidence
and the structure of the MPT now

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in place, we are prepared to 
build on these skills and 

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subsequent lectures. 
In our next session, we will 

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tackle criminal law and criminal
procedure, both of which 

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integrate doctrinal precision 
and litigation strategy. 

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In conclusion, today's session 
we explored the foundational 

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doctrines of the law of 
evidence, including relevance, 

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character, hearsay, impeachment,
and privilege. 

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We then transitioned to the 
mechanics and strategy behind 

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the MPT. 
Mastery of both is essential for

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bar exam success. 
In our next lecture, we will 

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examine criminal law and 
criminal procedure, further 

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reinforcing your doctrinal and 
practical readiness.