1
Q
WHAT LAW APPLIES ON THE BAR EXAM
A
- FRE govern (“MBE”).
- Many wrong answer choices reflect CLR that was replaced by FRE
2
Q
Applicability of Federal Rules
A
- Generally applicable in all civil & criminal federal proceedings.
- However, there are certain types of proceedings (listed below) where judge/jury is permitted to consider more info than would be admissible under Federal Rules.
3
Q
When Federal Rules Do Not Apply
A
Except for rules relating to privilege, the Federal Rules do
not apply in:
(1) ct’s determination of a prelim question of fact relating to admissibility (we’ll cover this in the final module on Procedural Considerations);
(2) grand jury proceedings; and
(3) other miscellaneous proceedings, including those involving sentencing, extradition, bail, and probation.
