MBE Rules · Evidence
Reputation — Family and Land
FRE 803(19)-(20)
The rule
Reputation among family or community concerning personal or family history, and reputation concerning land boundaries or customs arising before the controversy, are admissible.
In plain English
Reputation evidence allows individuals to testify about what the community or family believes regarding personal history or land boundaries. This type of evidence is admissible if it was established before the controversy arose.
Worked example
In a dispute over the boundaries of a family farm, several neighbors testify that the property line has always been recognized as the old oak tree. Their consistent belief in this boundary, established over decades, is allowed as evidence. The court rules in favor of the family based on this reputation evidence.
Memory hook
Reputation speaks volumes before the dispute unfolds.
The trap
Exams may present scenarios where students confuse reputation evidence with hearsay or fail to recognize the time frame for when the reputation must have been established.
How examiners test it
Questions often involve disputes over property lines or family history, requiring candidates to identify the admissibility of reputation evidence in those contexts.
Drill this rule until it can't fail you.
Vrenberg generates unlimited questions on this exact rule, tracks your mastery of it, and brings it back until it sticks.