UBE Evidence

Learn the requirements for a witness to be deemed competent to testify. This session also covers the mechanics of direct and cross-examination, including the use of leading questions and refreshing a witness's recollection.

A deep dive into the attorney-client privilege, one of the most important evidentiary privileges. We will cover the elements required to establish the privilege, its scope, and the circumstances under which it can be waived.

This session focuses on the process of authenticating physical evidence, such as documents and tangible objects. We will discuss various methods of authentication, including testimony of a witness with knowledge and distinctive characteristics.

Explore the general prohibition against using character evidence to prove conduct in conformity therewith. This track will detail the critical exceptions for proving motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake.

This session covers key hearsay exceptions that apply regardless of whether the declarant is available to testify. We will focus on the present sense impression and excited utterance exceptions, analyzing the rationale and requirements for each.

Learn the various methods for impeaching a witness's credibility. This includes prior inconsistent statements, bias or interest, conviction of a crime, and reputation for untruthfulness.

Understand the Best Evidence Rule, which requires an original writing, recording, or photograph to prove its contents. We will also cover when duplicates are admissible and the exceptions to the rule.