BAR EXAM RULES AND BUZZWORDS
STUDY GUIDE QUESTIONS
APPROPRIATE RULES AND
BUZZWORDS 2026/2027 EDITION
Relevant evidence
Rule:
evidence is logically relevant if it has any tendency to make a material fact more
or less probable than it would be without the evidence
Buzzwords:
- any tendency
- material fact
- more or less probable
403 balancing
Relevant evidence may be excluded if its probative value is substantially
outweighed by the danger of:
- unfair prejudice
- confusing the issues
- misleading the jury
- undue delay
- wasting time
- needlessly presenting cumulative evidence
,Buzzwords:
- substantially outweighed
- unfair prejudice
Remember: relevant evidence comes in unless 403 keeps it out
Similar occurrences
Rule:
evidence of similar accidents or occurrences may be admissible to prove:
- causation,
- the existence of a dangerous condition,
- notice
- the magnitude of damages
Provided the prior occurrence happened under substantially similar circumstances
Habit
Rule:
evidence of a person's habit or an organization's routine practice is admissible to
prove conduct in conformity with the habit on a particular occasion
Buzzwords:
Regular
Repeated
,specific response
Remember:
habit is not character
Liability insurance
Rule:
evidence that a person carried liability insurance is not admissible to prove
negligence or wrongful conduct. However, it may be admitted to prove:
- ownership
- control
- agency
- witness bias or prejudice
Subsequent remedial measures
Rule:
evidence of repairs or other remedial measures taken after an injury is not
admissible to prove negligence, culpable conduct, or a product defect, or the need
for a warning.
However, it may admitted to prove:
- ownership,
- control,
, - feasibility of precautionary measures (if disputed)
- impeachment.
Settlement offers and negotiations
Rule:
evidence of settlement offers, negotiations, or completed settlements is not
admissible to prove liability or the amount of damages.
However, it may be admitted for another purpose, such as proving:
- witness bias,
- undue delay
- obstruction of a criminal investigation.
Offers to pay medical expenses
Rule:
evidence of an offer to pay medical or similar expenses is not admissible to prove
liability.
Unlike settlement negotiations, accompanying statements of fact are admissible
unless another rule excludes them.
STUDY GUIDE QUESTIONS
APPROPRIATE RULES AND
BUZZWORDS 2026/2027 EDITION
Relevant evidence
Rule:
evidence is logically relevant if it has any tendency to make a material fact more
or less probable than it would be without the evidence
Buzzwords:
- any tendency
- material fact
- more or less probable
403 balancing
Relevant evidence may be excluded if its probative value is substantially
outweighed by the danger of:
- unfair prejudice
- confusing the issues
- misleading the jury
- undue delay
- wasting time
- needlessly presenting cumulative evidence
,Buzzwords:
- substantially outweighed
- unfair prejudice
Remember: relevant evidence comes in unless 403 keeps it out
Similar occurrences
Rule:
evidence of similar accidents or occurrences may be admissible to prove:
- causation,
- the existence of a dangerous condition,
- notice
- the magnitude of damages
Provided the prior occurrence happened under substantially similar circumstances
Habit
Rule:
evidence of a person's habit or an organization's routine practice is admissible to
prove conduct in conformity with the habit on a particular occasion
Buzzwords:
Regular
Repeated
,specific response
Remember:
habit is not character
Liability insurance
Rule:
evidence that a person carried liability insurance is not admissible to prove
negligence or wrongful conduct. However, it may be admitted to prove:
- ownership
- control
- agency
- witness bias or prejudice
Subsequent remedial measures
Rule:
evidence of repairs or other remedial measures taken after an injury is not
admissible to prove negligence, culpable conduct, or a product defect, or the need
for a warning.
However, it may admitted to prove:
- ownership,
- control,
, - feasibility of precautionary measures (if disputed)
- impeachment.
Settlement offers and negotiations
Rule:
evidence of settlement offers, negotiations, or completed settlements is not
admissible to prove liability or the amount of damages.
However, it may be admitted for another purpose, such as proving:
- witness bias,
- undue delay
- obstruction of a criminal investigation.
Offers to pay medical expenses
Rule:
evidence of an offer to pay medical or similar expenses is not admissible to prove
liability.
Unlike settlement negotiations, accompanying statements of fact are admissible
unless another rule excludes them.
