dsclaw wrote:I have taken two evidence classes in law school and am at the average percentage. I have thoroughly disagreed with some of the answer though.
Side note, the guy for secured transactions is absolutely boring as hell
They really shouldn't test 403 at all because prejudicial nature outweighing probative value of a piece of evidence is entirely subjective. Furthermore, I thoroughly believe that Themis MBE questions don't know that 803(1) is a statement made at or near the time of
I completely agree that they shouldn't test 403. But lets be honest...most things pertaining to the law are entirely subjective, and it leaves me disagreeing with a lot of my wrong answers. That's what law is--there are lots of arguments on each side. One right answer kills me because of that.
There was one question in one of the MBE practice sets testing on adoptive admissions, and it had to do with a jogger who was approached by a homeless woman accusing her of killing her husband in front of other people. The jogger didn't deny the statement right away, but rather stayed silent until a few minutes later when she yelled back denying the statement. It wasn't an adoptive admission because a reasonable person wouldn't have denied the statement in her situation, but I'm sorry, I totally would have denied the statement right away if I were in her shoes.
Oh, and to the above comments...I took Evidence in law school, did well and still struggle with the MBE practice sets. I hit anywhere from 47%-60% on those things right now.