Podcast Episode 271: Listen and Learn — Hearsay Exceptions: Present Sense Impression and State of Mind

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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