Law School Toolbox Podcast Episode 326: Listen and Learn -- Multiple Hearsay
Bar Exam Toolbox Podcast Episode 158: Listen and Learn -- Multiple Hearsay
Law School Toolbox Podcast Episode 315: Listen and Learn -- Non-Hearsay
Law School Toolbox Podcast Episode 308: Listen and Learn -- More Hearsay Exceptions
Bar Exam Toolbox Podcast Episode 143: Listen and Learn -- More Hearsay Exceptions
Law School Toolbox Podcast Episode 301: Listen and Learn -- The Confrontation Clause
Bar Exam Toolbox Podcast Episode 138: Listen and Learn -- Hearsay Exceptions: Prior Testimony and Past Recollection Recorded
Bar Exam Toolbox Podcast Episode 137: Listen and Learn -- The Confrontation Clause
Law School Toolbox Podcast Episode 296: Listen and Learn -- Hearsay Exceptions: Government and Business Records
Bar Exam Toolbox Podcast Episode 132: Listen and Learn -- Hearsay Exceptions: Government and Business Records
Bar Exam Toolbox Podcast Episode 115: Listen and Learn -- Dying Declaration vs. Excited Utterance
Bar Exam Toolbox Podcast Episode 114: Listen and Learn -- Non-Hearsay
Law School Toolbox Podcast Episode 271: Listen and Learn -- Hearsay Exceptions: Present Sense Impression and State of Mind
Law School Toolbox Podcast Episode 261: Listen and Learn -– The Basics of Hearsay
Bar Exam Toolbox Podcast Episode 101: Listen and Learn -- Present Sense Impression vs. State of Mind
Bar Exam Toolbox Podcast Episode 89: Listen and Learn -- What is Hearsay?
Bar Exam Toolbox Podcast Episode 79: Tackling an MEE Criminal Law/Procedure and Evidence Essay
Hearsay is an important legal concept that lawyers learn in law school. Under Federal Rule of Evidence 801, hearsay is an out-of-court statement offered for the truth of the matter asserted. Even many lawyers are often...more
The inadmissibility of hearsay is well-established. “‘Hearsay’ is a statement, other than one made by the declarant while testifying at [a] trial or hearing, offered in evidence to prove the truth of the matter asserted.” If...more
Hearsay is simple enough to define – it is an out of court statement offered for the truth of the matter asserted. But practicing attorneys know that the definition of hearsay is deceptively complex. Questions like, “what is...more
If there’s one thing readers of this blog can count on, it is that every even-numbered year ends with a gush of opinions from both appellate courts as the judges and justices strive to finish the year’s work before new...more
While creativity has its place in advocacy, it can be taken too far. The Petitioner learned this lesson the hard way in Unified Patents Inc. v. American Patents LLC, IPR2019-00482, Paper 132 (P.T.A.B. Aug. 3, 2022). In this...more
At an evidence CLE at the South Carolina Bar Convention in Greenville this year, a judges’ panel discussed a hearsay issue, raising the issue of whether a witness’s out-ofcourt utterance—which was in the form of a...more
No visit to New Orleans is complete without a bowl of gumbo. There are many preferences, of course, but every great bowl of gumbo has the same foundation. It is of no consequence whether you prefer Dooky Chase’s savory, porky...more
In Hemphill v. New York, the U.S. Supreme Court held that the defendant “did not forfeit his confrontation right merely by making [a] plea allocution arguably relevant to his theory of defense.” The Court rejected the attempt...more
New York’s unique approach to evidentiary procedure – and specifically, its rules governing admissions by a party opponent’s agent – have frustrated litigators for years....more
Welcome back to the Law School Toolbox podcast! In today's episode from our "Listen and Learn" series, we go through a step-by-step approach for analyzing questions involving multiple levels of hearsay. In this episode we...more
Welcome back to the Bar Exam Toolbox podcast! In today's episode from our "Listen and Learn" series, we go through a step-by-step approach for analyzing questions involving multiple levels of hearsay. In this episode, we...more
Welcome back to the Law School Toolbox podcast! In this episode from our "Listen and Learn" series, we cover a category of evidence called "non-hearsay," which is tested often both on Evidence essays and on the MBE. In this...more
On May 28th, Junior Party the Broad Institute, Harvard University, and MIT (collectively, "Broad") filed its Substantive Preliminary Motion No. 1 in CRISPR Interference No. 106,126, where ToolGen is the Senior Party. This...more
Welcome back to the Law School Toolbox podcast! Today, in our "Listen and Learn" series, we take a look at the Fourteenth Amendment, specifically the Confrontation Clause. Confrontation Clause issues are commonly tested in...more
Welcome back to the Bar Exam Toolbox podcast! Today, in our "Listen and Learn" series, we take a look at the Fourteenth Amendment, specifically the Confrontation Clause. Confrontation Clause issues are commonly tested in...more
Welcome back to the Law School Toolbox podcast! In today's episode, we cover two hearsay exceptions -- government/public records and business records. You can find more on the topic of hearsay and related exceptions in...more
In Deutsche Bank Nat'l Trust Co. v. Ezeji, 2021 N.Y. App. Div. LEXIS 3313 (2d Dep't, May 19, 2021), New York's Appellate Division, Second Department, reversed a judgment of foreclosure and sale, finding that although the...more
Welcome back to the Bar Exam Toolbox podcast! In today's episode, we cover two hearsay exceptions, and they are government/public records and business records. You can find more on the topic of hearsay exceptions in episodes...more
Welcome back to the Bar Exam Toolbox podcast! In episode 101 we covered two hearsay exceptions, namely present sense impression and state of mind. Today, we'll discuss two more exceptions that are also commonly tested, and...more
Welcome back to the Bar Exam Toolbox podcast! In this episode from our "Listen and Learn" series, we cover a category of evidence called "non-hearsay," which is tested often on both the MBE and on Evidence essays. In this...more
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...more
Very often, uncertified expert reports are attached to certifications and courts are asked to accept them though there is no ability to cross examine the expert, etc. Sometimes, that even happens at a default or other...more
Late last week, the Law Court unequivocally adopted the integrated business records exception to the hearsay rule under Rule 803(6) of the Maine Rules of Evidence in The Bank of New York Mellon v. Shone. It held...more
In The Bank of New York Mellon v. Shone, 2020 ME 122, ---A.3d---, decided October 22, 2020, the Maine Law Court unequivocally adopted the integrated business records exception to the hearsay rule under Rule 803(6) of the...more
Welcome back to the Law School Toolbox podcast! This episode is part of our "Listen and Learn" series, where we review legal concepts and apply them to fact patterns. Today, we're covering a commonly tested topic from...more