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 – The Basics of Hearsay (https://lawschooltoolbox.com/podcast-episode-261-listen-and-learn-the-basics-of-hearsay/)
- Podcast Episode 263: Listen and Learn – Subject Matter Jurisdiction (https://lawschooltoolbox.com/podcast-episode-263-listen-and-learn-subject-matter-jurisdiction/)
- Podcast Episode 265: Listen and Learn – Constructive Eviction (https://lawschooltoolbox.com/podcast-episode-265-listen-and-learn-constructive-eviction/)
- Podcast Episode 267: Listen and Learn – UCC 2-207 (“The Battle of the Forms”) (https://lawschooltoolbox.com/podcast-episode-267-listen-and-learn-ucc-2-207-the-battle-of-the-forms/)
- Evidence 101 – A Quick Look at Upperclassmen Courses (https://lawschooltoolbox.com/evidence-101-a-quick-look-at-upperclassmen-courses/)
Download the Transcript (https://lawschooltoolbox.com/episode-271-listen-and-learn-hearsay-exceptions-present-sense-impression-and-state-of-mind/)
If you enjoy the podcast, we'd love a nice review and/or rating on Apple Podcasts (https://itunes.apple.com/us/podcast/law-school-toolbox-podcast/id1027603976) or your favorite listening app. And feel free to reach out to us directly. You can always reach us via the contact form on the Law School Toolbox website (http://lawschooltoolbox.com/contact). If you're concerned about the bar exam, check out our sister site, the Bar Exam Toolbox (http://barexamtoolbox.com/). You can also sign up for our weekly podcast newsletter (https://lawschooltoolbox.com/get-law-school-podcast-updates/) to make sure you never miss an episode!
Thanks for listening!
Alison & Lee