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.

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