Evidence Test Specifications - Part A - General Bar Examination - Practice and application - Judicial Notice - Presumptions - Relevance - Privileges

Sep 21, 2026

Evidence Test Specifications, Part A of the General Bar Examination (published March 2023), organizes core doctrine into practical categories for testing admissibility and proof. It covers scope and preliminary questions, rulings on evidence, and limited admissibility, then proceeds through judicial notice, presumptions, and rules governing relevance. Additional sections address evidentiary privileges, witness competency and examination procedures, expert testimony, hearsay definitions and exceptions, and authentication requirements, including originals, duplicates, public records, and summaries.

LanguageEnglish

CategoryExam

FormatPDF

Pages5

Reading Time13 min

AccessFree to download

Practice and application

Scope, applicability

Rulings on evidence

Preliminary questions

Summing up and comment by judge

Limited admissibility

Introduction of related writings or recorded statements

Judicial Notice

Matters which must be judicially noticed

Matters which may be judicially noticed

Compulsory judicial notice upon request

Judicial notice of information taken from web mapping services, global satellite imaging sites, or Internet mapping tools

Determination of propriety of judicial notice and nature of matter noticed

Denial of a request for judicial notice

Instructing jury on judicial notice

Judicial notice by trial court in subsequent proceedings

Presumptions

Presumption defined; inferences

Classification of rebuttable presumptions

Presumption affecting the burden of producing evidence defined

Relevance

Definition of relevant evidence

Admissibility of relevant evidence

Statements expressing sympathy; admissibility; definitions

Exclusion on grounds of prejudice or confusion

Character evidence; when admissible

Methods of proving character

Routine practice

Subsequent remedial measures

Compromise and offers to compromise

Payment of medical and similar expenses

Offer to plead guilty, nolo contendere; withdrawn pleas of guilty

Privileges

Privileges recognized only as provided

Journalist’s privilege

Lawyer-client privilege

Fiduciary lawyer-client privilege

Psychotherapist-patient privilege

Sexual assault counselor-victim privilege

Domestic violence advocate-victim privilege

Human trafficking victim advocate-victim privilege

Husband-wife privilege

Privilege with respect to communications with clergy

Accountant-client privilege

Privilege with respect to trade secrets

Waiver of privilege by voluntary disclosure

Privileged matter disclosed under compulsion or without opportunity to claim privilege

Privileged communication necessary to adverse party

Witnesses

General rule of competency

Disqualification of witness

Lack of personal knowledge

Oath or affirmation of witness

Interpreters and translators

Interpreter services for deaf persons

Competency of certain persons as witnesses

Who may impeach

Character of witnesses as impeachment

Conviction of certain crimes as impeachment

Religious beliefs or opinions

Mode and order of interrogation and presentation

Refreshing the memory of a witness

Prior statements of witnesses

Calling witnesses by the court

Exclusion of witnesses

Opinion testimony of lay witnesses

Expert witnesses

Testimony by experts

Opinion on ultimate issue

Basis of opinion testimony by experts

Disclosure of facts or data underlying expert opinion

Authoritativeness of literature for use in cross-examination

Hearsay

Hearsay; definitions; exceptions

Hearsay rule

Hearsay exceptions; availability of declarant immaterial

Hearsay exceptions; declarant unavailable

Hearsay within hearsay

Attacking and supporting credibility of declarant

Authentication

Requirement of authentication or identification

Self-authentication

Testimony of subscribing witness unnecessary

Photographs of property wrongfully taken; use in prosecution, procedure; return of property to owner

Definitions

Requirement of originals

Admissibility of duplicates

Admissibility of other evidence of contents

Public records

Summaries

Testimony or written admissions of a party

Functions of court and jury

Evidence Test Specifications Part A of the General Bar Examination (Published March 2023) 1. Practice and application 1.1. Scope, applicability 1.2. Rulings on evidence 1.3. Preliminary questions 1.4. Summing up and comment by judge 1.5. Limited admissibility 1.6. Introduction of related writings or recorded statements 2. Judicial Notice 2.1. Matters which must be judicially noticed 2.2. Matters which may be judicially noticed 2.3. Compulsory judicial notice upon request 2.4. Judicial notice of information taken from web mapping services, global satellite imaging sites, or Internet mapping tools 2.5. Determination of propriety of judicial notice and nature of matter noticed 2.6. Denial of a request for judicial notice 2.7. Instructing jury on judicial notice 2.8. Judicial notice by trial court in subsequent proceedings 3. Presumptions 3.1. Presumption defined; inferences 3.2. Classification of rebuttable presumptions 3.3. Presumption affecting the burden of producing evidence defined 4. Relevance 4.1. Definition of relevant evidence 4.2. Admissibility of relevant evidence 4.3. Statements expressing sympathy; admissibility; definitions 4.4. Exclusion on grounds of prejudice or confusion 4.5. Character evidence; when admissible 4.6. Methods of proving character 4.7. Routine practice 4.8. Subsequent remedial measures 4.9. Compromise and offers to compromise 4.10. Payment of medical and similar expenses 4.11. Offer to plead guilty, nolo contendere; withdrawn pleas of guilty 5. Privileges 5.1. Privileges recognized only as provided 5.2. Journalist’s privilege 5.3. Lawyer-client privilege 5.4. Fiduciary lawyer-client privilege 5.5. Psychotherapist-patient privilege 5.6. Sexual assault counselor-victim privilege 5.7. Domestic violence advocate-victim privilege 5.8. Human trafficking victim advocate-victim privilege 5.9. Husband-wife privilege 5.10. Privilege with respect to communications with clergy 5.11. Accountant-client privilege 5.12. Privilege with respect to trade secrets 5.13. Waiver of privilege by voluntary disclosure 5.14. Privileged matter disclosed under compulsion or without opportunity to claim privilege 5.15. Privileged communication necessary to adverse party 6. Witnesses 6.1. General rule of competency 6.2. Disqualification of witness 6.3. Lack of personal knowledge 6.4. Oath or affirmation of witness 6.5. Interpreters and translators 6.6. Interpreter services for deaf persons 6.7. Competency of certain persons as witnesses 6.8. Who may impeach 6.9. Character of witnesses as impeachment 6.10. Conviction of certain crimes as impeachment 6.11. Religious beliefs or opinions 6.12. Mode and order of interrogation and presentation 6.13. Refreshing the memory of a witness 6.14. Prior statements of witnesses 6.15. Calling witnesses by the court 6.16. Exclusion of witnesses 6.17. Opinion testimony of lay witnesses 7. Expert witnesses 7.1. Testimony by experts 7.2. Opinion on ultimate issue 7.3. Basis of opinion testimony by experts 7.4. Disclosure of facts or data underlying expert opinion 7.5. Authoritativeness of literature for use in cross-examination 8. Hearsay 8.1. Hearsay; definitions; exceptions 8.2. Hearsay rule 8.3. Hearsay exceptions; availability of declarant immaterial 8.4. Hearsay exceptions; declarant unavailable 8.5. Hearsay within hearsay 8.6. Attacking and supporting credibility of declarant 9. Authentication 9.1. Requirement of authentication or identification 9.2. Self-authentication 9.3. Testimony of subscribing witness unnecessary 9.4. Photographs of property wrongfully taken; use in prosecution, procedure; return of property to owner 9.5. Definitions 9.6. Requirement of originals 9.7. Admissibility of duplicates 9.8. Admissibility of other evidence of contents 9.9. Public records 9.10. Summaries 9.11. Testimony or writte

FAQs

What topics are covered under “Practice and application” in this evidence test specification?

It covers scope and applicability, rulings on evidence, preliminary questions, summing up and judge comments, limited admissibility, and introduction of related writings or recorded statements.

How does the specification treat “Judicial Notice”?

It distinguishes matters that must be judicially noticed versus may be noticed, addresses compulsory notice upon request, includes notice using web mapping and satellite imaging tools, and covers procedures such as instructing the jury and subsequent proceedings.

Which sections address admissibility-related evidence limitations and witness issues?

Relevance covers exclusion for prejudice or confusion and specific categories like character evidence. Privileges address when recognized privileges apply and how they can be waived. Witnesses and expert witnesses cover competency, examination methods, opinion testimony, and rules for expert foundations.

Sep 21, 2026

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