Episode Details

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

Resources:

• Tutoring for Law School Success (https://lawschooltoolbox.com/tutoring-for-law-school-success/)
• California Bar Examination – Essay Questions and Selected Answers, February 2012 (https://www.calbar.ca.gov/Portals/0/documents/admissions/CBXFeb2012_SelectedAnswers_R.pdf)
• California Bar Examination – Essay Questions and Selected Answers, July 2009 (https://nwculaw.edu/pdf/bar/July%202009%20Essays%20and%20Sample%20Answers.pdf)
• Examples & Explanations for Evidence, by Arthur Best (https://www.amazon.com/Examples-Explanations-Evidence-Arthur-Best/dp/1543807658/ref=sr_1_1?crid=259MHLEM346D7&dchild=1&keywords=evidence+examples+%26+explanations&qid=1597153893&sprefix=evidence+examples+%26%2Caps%2C264&sr=8-1)
• Podcast Episode 215: Listen and Learn – The Commerce Clause (https://lawschooltoolbox.com/podcast-episode-215-listen-and-learn-the-commerce-clause/)
• Podcast Episode 218: Listen and Learn – Supplemental Jurisdiction (Civ Pro) (https://lawschooltoolbox.com/podcast-episode-218-listen-and-learn-supplemental-jurisdiction-civ-pro/)
• Podcast Episode 244: Listen and Learn – Negligence Per Se (https://lawschooltoolbox.com/podcast-episode-244-listen-and-learn-negligence-per-se/)
• Podcast Episode 245: Listen and Learn – Promissory Estoppel (https://lawschooltoolbox.com/podcast-episode-245-listen-and-learn-promissory-estoppel/)
• Podcast Episode 248: Listen and Learn – Introduction to Homicide (https://lawschooltoolbox.com/podcast-episode-248-listen-and-learn-introduction-to-homicide/)
• Podcast Episode 257: Listen and Learn – The "Reasonable Person" Standard (https://lawschooltoolbox.com/podcast-episode-257-listen-and-learn-the-reasonable-person-standard/)
• Podcast Episode 259: Listen and Learn – Relevance in Evidence (https://lawschooltoolbox.com/podcast-episode-259-listen-and-learn-relevance-in-evidence/)
• Podcast Episode 261: Listen and Learn