The Law School Toolbox Podcast: Tools for Law Students from 1L to the Bar Exam, and Beyond cover image

352: Listen and Learn -- Best Evidence Rule

The Law School Toolbox Podcast: Tools for Law Students from 1L to the Bar Exam, and Beyond

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The Best Evidence Rule on a Race Horse Evidence Exam

The best evidence rule is typically a quick issue to spot an exam. The detective testified that he checked d m v records and found that david had blonde hair in his most recent driver's license photo. Detective rogers never saw it in person before he testified at the trial. Since the facts don't mention anything that would trigger any of the exceptions like our first hypo, we can safely conclude that the court should have excluded the detective's testimony under the best evidence rule. On a typical race horse evidence exam, your eraks are probably going to be shorter than they would be on a non race horse exam which required you to do more a deep dive analysis for just a few issues.

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