Welcome back to the Law School Toolbox podcast! In today’s episode, as part of our “Listen and Learn” series, we take a look at the differences between two highly-tested hearsay exceptions: present sense impression and state of mind.
In this episode we discuss:
- What are hearsay exceptions and how to quickly distinguish between them
- The rules for present sense impression and state of mind
- Analyzing several examples from Evidence essays involving hearsay
- The importance of considering each statement the declarant makes
- Local rules of evidence versus federal rules of evidence
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Resources:
- Tutoring for Law School Success
- California Bar Examination – Essay Questions and Selected Answers, February 2012
- California Bar Examination – Essay Questions and Selected Answers, July 2009
- Examples & Explanations for Evidence, by Arthur Best
- Podcast Episode 215: Listen and Learn – The Commerce Clause
- Podcast Episode 218: Listen and Learn – Supplemental Jurisdiction (Civ Pro)
- Podcast Episode 244: Listen and Learn – Negligence Per Se
- Podcast Episode 245: Listen and Learn – Promissory Estoppel
- Podcast Episode 248: Listen and Learn – Introduction to Homicide
- Podcast Episode 257: Listen and Learn – The “Reasonable Person” Standard
- Podcast Episode 259: Listen and Learn – Relevance in Evidence
- Podcast Episode 261: Listen and Learn – The Basics of Hearsay
- Podcast Episode 263: Listen and Learn – Subject Matter Jurisdiction
- Podcast Episode 265: Listen and Learn – Constructive Eviction
- Podcast Episode 267: Listen and Learn – UCC 2-207 (“The Battle of the Forms”)
- Evidence 101 – A Quick Look at Upperclassmen Courses
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Would love for you to do a listen and learn on 803 – hearsay within hearsay!
Thanks for the suggestion!