1L Evidence Guide — Everything You Need to Know

Starting evidence as a 1L can feel overwhelming. This guide breaks down what to expect, the topics you will cover, and how to prepare for exams.

What to Expect

Evidence is one of the foundational 1L courses. You will learn through the case method — reading appellate court opinions and extracting legal rules through class discussion. Expect to be cold-called and asked to explain the facts, holding, and reasoning of assigned cases.

Your grade will likely depend on a single final exam, typically a 3-4 hour essay exam that presents fact patterns requiring you to identify issues, state the relevant rules, apply them to the facts, and reach a conclusion (IRAC method).

Topics You Will Cover
Relevance
Character Evidence
Hearsay
Hearsay Exceptions
Privileges
Expert Testimony
Confrontation Clause
Exam Strategies
  • 1Always start with FRE 401 relevance, then check FRE 403 balancing.
  • 2For any out-of-court statement, ask: (1) is it hearsay? (2) does an exception apply? (3) is there a Confrontation Clause issue?
  • 3Character evidence questions: distinguish between propensity (generally barred) and MIMIC purposes.
  • 4Expert testimony: know whether the jurisdiction follows Daubert or Frye.