Thank you! I'm studying for the bar and was stuck on how to differentiate between these two. Now I know, one is used for the truth of the matter asserted and the other is NOT, hence, non-hearsay. Again, thank you!
Amazing job on the non-hearsay state of mind vs. the hearsay exception for then existing mental, emotional, or physical condition. After three years of law school and lots of bar prep, I finally get the distinction.
dude thank you im taking the bar in 1 month and i couldnt understand this at all, lol finally within the first sentence i immediately undersood it! thank you professor !
As an old lawyer (who rarely practiced), I've come to believe the Rules of Evidence are key to both the law and to clear thinking. Financial investments, law, foreign policy, investigative journalism ... it all comes down to "What do we know? And, how do we know what we know?" Everybody who wants to analyze anything should at least study the Rules of Evidence, imo.
Can you suggest an appellate decision which analyzes an attempt by a party to introduce a statement as not hearsay because the statement is circumstantial evidence of the declarant's state of mind?
Hey I was wondering if you could help me out. I live in a place with no adversarial system -we are making the change in some states- and I am participating in a mock trial as the prosecution. we are accusing a man of murdering his lover for fear she would have told his wife about the affair. We have a witness that says the accused told him that his lover had made this threat. However, when I plan the direct examination of the witness I fear the defene might object to that statement. Since it revolves around the state of mind of the accused and possible plan to murder his lover, could this be considered and exception to 803?
"I nearly died when I heard the robber" is not a good example of circumstantial evidence of state of mind, and is dependent on when the declarant said it and who they said it to. For example, five weeks after the event to the police, not really evidence of a person's state of mind.
![Federal Rules of Evidence (FRE) Rule 803(3) - ["Then existing"] State of mind](http://i.ytimg.com/vi/0PqJVQyPFE0/mqdefault.jpg)
Thank you! I'm studying for the bar and was stuck on how to differentiate between these two. Now I know, one is used for the truth of the matter asserted and the other is NOT, hence, non-hearsay. Again, thank you!
Amazing job on the non-hearsay state of mind vs. the hearsay exception for then existing mental, emotional, or physical condition. After three years of law school and lots of bar prep, I finally get the distinction.
dude thank you im taking the bar in 1 month and i couldnt understand this at all, lol finally within the first sentence i immediately undersood it! thank you professor !
I love how you break all of this down! 10 stars!!!!
As an old lawyer (who rarely practiced), I've come to believe the Rules of Evidence are key to both the law and to clear thinking. Financial investments, law, foreign policy, investigative journalism ... it all comes down to "What do we know? And, how do we know what we know?" Everybody who wants to analyze anything should at least study the Rules of Evidence, imo.
Hear, hear
Can you suggest an appellate decision which analyzes an attempt by a party to introduce a statement as not hearsay because the statement is circumstantial evidence of the declarant's state of mind?
OMG thank you so much! I take the bar in two days and I just couldn't understand the difference!
You're so welcome!
Hey I was wondering if you could help me out. I live in a place with no adversarial system -we are making the change in some states- and I am participating in a mock trial as the prosecution. we are accusing a man of murdering his lover for fear she would have told his wife about the affair. We have a witness that says the accused told him that his lover had made this threat. However, when I plan the direct examination of the witness I fear the defene might object to that statement. Since it revolves around the state of mind of the accused and possible plan to murder his lover, could this be considered and exception to 803?
If you represent the prosecution and the statement about the affair is from the defendant, then it’s a statement by party opponent under 801(d)(2)(A).
"I nearly died when I heard the robber" is not a good example of circumstantial evidence of state of mind, and is dependent on when the declarant said it and who they said it to. For example, five weeks after the event to the police, not really evidence of a person's state of mind.
Yes, context matters. Where, when and to whom matters.
This is an educational channel … so what is your better example?