MBE Rules · Evidence
Demonstrative Evidence
Demonstrative evidence
The rule
Charts, models, and reenactments used to illustrate testimony require a foundation of fair and accurate representation and are subject to FRE 403; they typically do not go to the jury room as substantive exhibits.
In plain English
Demonstrative evidence, like charts and models, is used to help explain or illustrate what a witness is saying. However, it must accurately represent the facts and not be overly prejudicial, as per FRE 403, and it usually cannot be taken into the jury room for deliberation.
Worked example
In a trial about a car accident, the plaintiff presents a model of the intersection where the accident occurred to help explain the witness's testimony. The defense objects, claiming the model misrepresents the layout of the intersection. The judge agrees and excludes the model from the jury room, ruling it does not accurately represent the scene.
Memory hook
Demonstrative evidence must be fair, accurate, and not too flashy!
The trap
Exams often include fact patterns where students must determine if demonstrative evidence meets the accuracy standard, potentially confusing them with issues of relevance and prejudice.
How examiners test it
Questions typically present a scenario where demonstrative evidence is challenged, requiring candidates to assess its admissibility based on accuracy and potential prejudice.
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