The Law of Hearsay: Tips for the Multistate Bar Exam

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  • Опубликовано: 16 июн 2024
  • Professor James Duane shares some helpful tips on the law of hearsay for the bar examination.

Комментарии • 178

  • @psimos6572
    @psimos6572 7 лет назад +143

    I'm happy to see everyone is saying the same things. I feel so cheated. This professor is the best. I truly would have enjoyed law school and bar prep more if he was there. I paid 2500 for a program and this guy is making quality videos for nothing. (More people should be benefiting!!)

    • @rvegas81
      @rvegas81 5 лет назад +2

      I agree. Some of these videos do a great job of helping to supplement bar prep programs!

    • @WILMA_
      @WILMA_ 4 года назад

      - couldn't agree more!

    • @ronmaritvold2297
      @ronmaritvold2297 3 года назад

      J

    • @michaelfulton8972
      @michaelfulton8972 2 года назад +2

      I have no intention on taking the bar exam. I’m just an insomniac who clicked on this video at 3:34am.

    • @missfit4943
      @missfit4943 2 года назад

      @@michaelfulton8972 me too lol

  • @darliheanacho9461
    @darliheanacho9461 3 года назад +5

    This Professor should teach every bar course and subject.

  • @erikaostergaard-qqc-c2552
    @erikaostergaard-qqc-c2552 5 лет назад +46

    Unbelievably helpful! and actually fun to listen to -- who knew that was possible??? This professor is like the Attorney version of Mister Rogers!

    • @sconnell1791
      @sconnell1791 3 года назад

      He is genius Bugs Bunny on Speed lol. Just try having him in class.

  • @bryanandrews7391
    @bryanandrews7391 Год назад +5

    This man is a hero! I wish he did more videos. I feel like I had a good professor, but this man taught me more in one hour than I learned in 6 weeks covering hearsay! And the "hacks" to simplify questions saved me! Will never forget this!!

  • @ThatSundaySchoolGirl
    @ThatSundaySchoolGirl 6 лет назад +14

    Where have you been all of my law school and bar prep life??? What a blessing this video has been! You should be making full bar prep courses!! #Awesome

  • @josephfayia9174
    @josephfayia9174 6 лет назад +24

    What a masterpiece! Thanks, Professor James Duane.

  • @DanaLynnette
    @DanaLynnette 6 лет назад +61

    This video helped me to finally pass the MBE!! Thank you so much, and God bless you!

    • @sofabkiki84
      @sofabkiki84 5 лет назад +5

      Congratulations!

    • @baba-ganoush
      @baba-ganoush 4 года назад +1

      Just this one vid? There’s 14 fields of law this A topic amongst many under 1- and that’s not to undermine the sheer importance

    • @lia.is.on.
      @lia.is.on. 4 года назад +11

      @@baba-ganoush You idiot! You're so consumed with trying to insult her that you failed to realize she said the MBE! The MBE does not have 14 areas of law, dummy! Don't you feel like trash now? Furthermore, any logically thinking person knows that her comment's intent was not to say she passed the MBE just by watching one RUclips video. Go straight to hell hater!

    • @baba-ganoush
      @baba-ganoush 4 года назад +1

      My comment was clearly a sarcastic one, the only person filled with hate is you. You just unloaded and projected probably a years worth of anger, hopefully it was cathartic. I feel no differently. Hands down if this truly helped you, absurd.

    • @baba-ganoush
      @baba-ganoush 4 года назад

      LegallyLia also don’t ever call me an idiot again i didn’t disrespect or name call or inject a level of toxicity so early in the morning on a vid of a dude playing the banjo, think about that.

  • @rube1904
    @rube1904 6 лет назад +5

    I'm not an attorney. I just play one on TV. I'm a US History Professor, and this is absolutely fascinating to me.

  • @daniellelsimpson
    @daniellelsimpson 7 лет назад +5

    Wow. .. I've never heard it explained so simply. I'm excited to get to these hearsay questions and answer them confidently and CORRECTLY!!

  • @stanh5076
    @stanh5076 4 года назад +2

    He explained the practical way of answering the Hearsay MBE questions and a practical rationale behind. It takes someone who truly understands and sees the true law behind things to be able to summarize them like this.

  • @djdarez2306
    @djdarez2306 8 лет назад +21

    so much better than barbri's lecture on evidence

  • @elijahhaar4584
    @elijahhaar4584 6 месяцев назад +1

    Professor Duane is a legend!

  • @anniecnt
    @anniecnt 8 лет назад +6

    This was super helpful. The information is organized so that it makes sense and the pacing is very good. Thank you!

  • @meganbecker
    @meganbecker 8 лет назад +25

    Wow, this is going to save me so much time and has given me a lot more confidence for my second go-around! Thank you!!!

  • @cassandracooper8565
    @cassandracooper8565 10 лет назад +6

    Perfect timing -- I wish the bar review courses provided these methods!! Thank you!

  • @semitavitae4729
    @semitavitae4729 5 лет назад +8

    Can this guy create and moderate an entire bar review course!?

  • @burrujack306
    @burrujack306 2 года назад +1

    Professor, a million times, thank you. you made this subtopic of hearsay quit manageable. My level of understanding just went up by .>...%.

  • @JMDarielle
    @JMDarielle 9 лет назад +7

    This was extremely helpful for bar prep. Thank you!

  • @angelahamon6730
    @angelahamon6730 3 года назад +1

    Professor has us all with his humor. What does the Fox say? Killer example! i'm not in school but I love watching this attorney on RUclips.

  • @jaksbekalskkz1961
    @jaksbekalskkz1961 2 года назад +3

    This is so well-explained I cannot find a better explanation video on hearsay. Thank you professor. Can you upload more teaching content regarding objections?

  • @arafatsa3479
    @arafatsa3479 5 лет назад +1

    So grateful Professor Duane and Regent University. Thank you!!

  • @Babiscolo
    @Babiscolo 8 лет назад +8

    Lifesaving Professor. Thank you!

  • @andrewholcombe4565
    @andrewholcombe4565 2 года назад +2

    "Can you tell us, what does the fox say. . ." - old meme lord Duane 19:52 lol

  • @LadyK007
    @LadyK007 9 лет назад +4

    Thank you thank you thank you for posting!! I am very grateful!

  • @natcalverley4344
    @natcalverley4344 2 года назад +2

    This professor makes law fun. I love his lecture don’t talk to the police. I have made all my friends and children watch it.

  • @johnclarkmartin
    @johnclarkmartin 6 лет назад +4

    I wish this guy was my evidence professor. So easy to understand!

  • @daisyladyklg8538
    @daisyladyklg8538 4 года назад +1

    I am appealingly my Criminal circuit court case in Wisconsin pro se and you had me at the 5th note of that song. When I tell people what my all-time favorite song is, probably 1 in 40-50 say that they may have heard of it.
    Lindsey Buckingham is a genius.
    Btw, thanks sooo much for breaking down the law enforcement report situation. That and quite a few others has helped me tremendously. ✌️💞

  • @petermcevoy2608
    @petermcevoy2608 4 года назад +1

    Thank you Regents University I love you.... passed MPRE at Regents a long time ago too. Great lecture Professor.

  • @shawnetuma
    @shawnetuma 10 лет назад +5

    Absolutely brilliant -- just as I would expect from Professor Duane!

  • @HurricaneChise
    @HurricaneChise 8 лет назад +5

    This was incredible.

  • @jitesg
    @jitesg 9 лет назад +16

    You are amazing. MAY GOD BLESS YOU ABUNDANTLY..

    • @soy_0scar7
      @soy_0scar7 3 года назад

      May God bless and protect you!

  • @sesanglovel
    @sesanglovel 7 лет назад +2

    Thank you!! This was immensely helpful!

  • @verajumah5194
    @verajumah5194 2 года назад +1

    I'm from Kenya and i just want to say thank you Sir for the video 💯

  • @poshaMillanbel
    @poshaMillanbel 9 лет назад +7

    This is Perfect ! this will definitely be very helpful for me in February ! Thank you so much.

  • @natashamatias4534
    @natashamatias4534 3 года назад +1

    this has been so helpful, thank you thank you thank you!

  • @LindsayLane8
    @LindsayLane8 5 лет назад

    Perfect. This is where it's at!!! Thank you!

  • @laurenfalkowitz1133
    @laurenfalkowitz1133 8 лет назад

    Wow, this was incredibly helpful.

  • @SusanBassi
    @SusanBassi 2 года назад +1

    Adore you, thank you for always educating and informing !

  • @cheffboyaryeezy2496
    @cheffboyaryeezy2496 2 года назад +1

    I want to meet this professor. From his dont talk to cops video to this. He seems like the best kind of person

  • @aangitano
    @aangitano 3 года назад +1

    so so helpful for my evidence MP choice final exam! thank you!

  • @kashewesiyubo6064
    @kashewesiyubo6064 4 года назад +1

    Thank you so much for this information.I have learnt alot

  • @tylerwarner6974
    @tylerwarner6974 9 лет назад +4

    On point. Thank you!

  • @crackerjax4330
    @crackerjax4330 2 года назад +1

    This was excellent. Thank you.

  • @moohaloful
    @moohaloful 10 лет назад +3

    Amazing video and super helpful!

    • @shahidmahmood3051
      @shahidmahmood3051 9 лет назад +2

      perfect professor thank you and appreciate you for your volunteer help

  • @AlexIsUber
    @AlexIsUber 2 года назад +1

    Amazing professor.

  • @bench2760
    @bench2760 3 года назад +3

    This professor is awesome.How I wish I was under his class.It could have been easier🤩💜

  • @carlosgoetz718
    @carlosgoetz718 5 лет назад +1

    this gentleman is awesome!

  • @amanihaddad
    @amanihaddad 3 года назад +1

    Thank you Professor

  • @fdt7v
    @fdt7v 7 лет назад +2

    OMG THANK YOU SO MUCH FOR THIS!!

  • @nataliem7780
    @nataliem7780 9 лет назад +4

    Very helpful!

  • @illegallyblonde232
    @illegallyblonde232 4 года назад +1

    Thank u ❤ I'll be taking this test soon

  • @luckyswine
    @luckyswine 4 года назад +1

    I foolishly thought my two favourite and separate discoveries at the moment were Professor James Duane and thumbpicking. Here I find the Alpha and Omega.

  • @garglinghermenstural
    @garglinghermenstural 8 лет назад +3

    this is awesome!

  • @rashdakhan8302
    @rashdakhan8302 7 лет назад +2

    Thank you!

  • @AllfatherBlack
    @AllfatherBlack 2 года назад +1

    Internet legend James Duane. *salute*

  • @officergregorystevens5765
    @officergregorystevens5765 7 лет назад +3

    "Never Going Back Again"? A lawyer and professor who plays Lindsay Buckingham guitar parts.. that's pretty awesome, sir. I love studying law just on my own,.. not even 'reading law' really because I doubt I'll ever get my J.D. or anything like that, it's just very interesting. Maybe Norman ancestry is what put this interest in real property law in my blood.. not sure :) [My ancestor was one of 20 men known who fought in 1066 to get William I into power, and then became basically the first 'land developer' of England.. ] :)

  • @ashkiek1
    @ashkiek1 3 года назад

    Excellent!

  • @hannahlauer
    @hannahlauer 2 года назад +1

    Professor Duane, thanks much for the video! Quick question for you on something I am stuck on. Wouldn't the statement "I HAVE HAD pain in my back for three weeks" be considered present perfect tense (actions started in the past and continue in the present or the future) and therefore be admissible under the Then Existing Present Mental, Physical, or Emotional Condition exception? Whereas the statement would need to read "I HAD pain in my back for 3 weeks (or for the past 3 weeks)" for it to be a statement of a past tense memory or condition and therefore not admissible under the exception?

  • @JCResDoc94
    @JCResDoc94 6 лет назад +1

    22:00 exceptions to hearsay as written (present sense/excited utterance/emotion, mental, physical condition)

  • @mc4ndr3
    @mc4ndr3 6 лет назад +2

    Interesting talk. Are these qualifications of admissible vs inadmissible hearsay specific to Virginia law, or are they just about applicable everywhere in US / federal law?

  • @joeysixstring2442
    @joeysixstring2442 6 лет назад

    Thank you!!!

  • @amandabumgardner2751
    @amandabumgardner2751 2 года назад +2

    I'm a fan now since he played Fleetwood Mac

  • @brucedavid8735
    @brucedavid8735 7 лет назад

    hearsay is so instrumental
    in my life
    my song was as follows
    ""she told a lie""it made me wanna die""
    but now I live with it for the rest of my life

  • @sbrenner2561
    @sbrenner2561 2 года назад

    Beautiful D-55!

  • @melisainfresnofelipecastan1632

    💥IMPECABLE👌🏼ABSOLUTELY APPRECIATED💥

  • @donbush9091
    @donbush9091 4 года назад

    Thank you

  • @raneenalsayegh2950
    @raneenalsayegh2950 Год назад +1

    THANK YOUU!!!!

  • @CameronPresident
    @CameronPresident 11 месяцев назад +1

    This is high art.

  • @danmorgan712
    @danmorgan712 2 года назад

    At the 30 minute mark he uses the line "I have had..." as past tense, but this is present perfect and would include not just having had pain, but still having it. "I had..." would be past tense, meaning that statement should be an exception as listed.

  • @anthonysclafani3963
    @anthonysclafani3963 Год назад +1

    lol i recognized that Cornell font immediately

  • @oklahomaproud6665
    @oklahomaproud6665 3 года назад

    The tune is Never Going Back Again

  • @withgoddess7164
    @withgoddess7164 2 года назад

    My hero...re: Don't talk to the police. I watched it and am so glad I did.

  • @adaml2932
    @adaml2932 4 года назад +1

    I have a question. 1. Anything said by a party opponent is automatically admissible. 2. What about double hearsay? Ie in the instance w/ Jeff, Sam, Carol, Pat

  • @amandabumgardner2751
    @amandabumgardner2751 2 года назад

    Oh it Regent no wonder I like this Instructor.

  • @amrsalah4
    @amrsalah4 2 года назад +1

    Does this Professor have any others videos or page or website ???

  • @enteringthegrayzone4020
    @enteringthegrayzone4020 3 года назад +1

    2 times in court I was guilty. Both times during my first appearance, I expressed my guilt immediately without legal representation. Both times my statements were thrown out until I received legal counsel. Both times I was guilty and received minimum sentence. Once I thought the judge was going to cry.

  • @seanleeroy5239
    @seanleeroy5239 5 лет назад +2

    I found the part about a persons statement who's about to die, or believes they are about to die being admissible somewhat interesting and a bit common sense...if you will. Then wondered, if the person was an Atheist, or known Atheist, would their statements still be taken as that of a known "God fearing" person? Thanks!

    • @googlyeyes340
      @googlyeyes340 3 года назад

      Yes, it would; the declarant's religious belief or lack thereof doesn't matter w/r the hearsay rules.

  • @Msangel06
    @Msangel06 Год назад +1

    Where can we find evidence practice questions for the bar exam?

  • @ljp9402
    @ljp9402 4 года назад

    god bless you

  • @saizai
    @saizai 7 лет назад +3

    30:14 "I have had a pain in my back for three weeks" could include the present too. So that's partially exempt as present, partially ? as memory?

    • @gkfamily7172
      @gkfamily7172 3 года назад

      That is what I was thinking- Like " I have continued to have back pain in my back for three weeks"

    • @googlyeyes340
      @googlyeyes340 3 года назад

      In this context, there is no "partially" category: either the statement is admissible as evidence, or it isn't. It is in the past tense -- "have had" -- meaning for a period of past time ending just now. It is possible that the declarant intended to include the present moment, so it's correct that it *could* include the present. But that speculation would not persuade most judges.

    • @saizai
      @saizai 3 года назад

      @@googlyeyes340 That's not past tense. "I had a pain" is past tense. "I have had a pain" is present perfect. en.wiktionary.org/wiki/have#Conjugation

    • @saizai
      @saizai 3 года назад

      Also, things can be admissible for some purposes but not others - aka partially. Lots of that in the FRE. For instance, settlement offers.

  • @devenwithtwoes5856
    @devenwithtwoes5856 2 года назад +1

    Did you do the lecture on don’t talk to police ?

    • @l.w.paradis2108
      @l.w.paradis2108 6 месяцев назад

      Yes. That was great. A police officer then had the right of rebuttal, and he basically agreed.

  • @JCResDoc94
    @JCResDoc94 6 лет назад +1

    12:00 "may be used against you" - you can not claim that things others claim to have been said by you are hearsay. If you acquiesce - that is the same as making a statement. Your agents all also speak as you.

    • @googlyeyes340
      @googlyeyes340 3 года назад

      You can object, on the basis of the rule against hearsay, to a witness's claim that you said something unless the witness's testimony is covered by a hearsay exclusion (e.g., party opponent) or exception (e.g., excited utterance).

  • @JCResDoc94
    @JCResDoc94 6 лет назад +1

    9:44 declarant being present, under oath, does NOT mean it is not hearsay to repeat a statement THEY THEMSELVES made. That is still hearsay.

  • @RavnerRavner
    @RavnerRavner 6 лет назад

    sweet Guild.

  • @user-pp3bf3he1c
    @user-pp3bf3he1c 5 лет назад

    what about testimony on hostile witness?

  • @vlxxx
    @vlxxx 3 года назад

    This is is a very complex topic. Professor Duane does a nice job of easing its difficulty but the written info is confusing. Primarily the early info presented that was lists of wrong answers made up of positive statements that start with 'yes', weirdly. That's confusing, like writing a sentence with a purposeful double negative

  • @peruanopr1
    @peruanopr1 8 лет назад +14

    What the fox say?

    • @andreavilla5466
      @andreavilla5466 8 лет назад

      +Manuel Figueroa LOL literally all I could think about when I heard it.

  • @shivasirons6159
    @shivasirons6159 2 года назад

    It almost sounds like any " confession" is hearsay, " tell me detective, did the defendant confess"? If the defendant DID confess but was actually lying when he did, what then?

  • @mattlogue1300
    @mattlogue1300 2 года назад

    Hi I just farted so hard the walls shook.

  • @djjoshua007
    @djjoshua007 4 года назад +2

    It would be funny if his Client went to jail for life and then he started playing his guitar like that

  • @maranatha4613
    @maranatha4613 7 лет назад

    exceptions and rules against hearsay evidence

  • @GeorgeHawirkoStyroHome
    @GeorgeHawirkoStyroHome 3 месяца назад

    Yes, I've heard of this theory... :-/

  • @christinamariehicks1078
    @christinamariehicks1078 2 года назад

    I dont have instagram ..

  • @panagiotiskostastheoktisto6709
    @panagiotiskostastheoktisto6709 3 года назад

    Truly I say to you seek and do the work of truth for the truth will never fail for you that holds to a future telling book seek true forgiveness wile you can

  • @evanhdez
    @evanhdez 3 года назад

    Anyone else not even win law school or ever planning too? Hell I didn’t even go to college.

  • @MiguelAJeffery
    @MiguelAJeffery 3 года назад +1

    51 people didn't pass the Bar even after listening to this video

  • @trollking6111
    @trollking6111 2 года назад

    The only things that really matter are:
    A.) Have you persuaded the judge?
    B.) Does the judge fear that you will kill them for their dishonor?
    That's it. That's all that matters in a US court room.

  • @ginacharleston7256
    @ginacharleston7256 6 лет назад +2

    What do you do for a statement that the testimony of a witneas that didn't match the record of written attendance records witness but the attorney provided by the court would not cross ekids xamine the witness who lied and didn't match school records witness defendant when asked the attorney to cross examine them and show they lyed the attorney would respond she might lie so she never once cross examined the witness as who lied under oath and would receive money by the agency 3000 every month to say that my kids were better with them and they had more money than I did because their Father loves to live in jail and not pay 1 dollar in child support for 5 children and his family was more concerned about the amount he was required to pay in child support never cared weather my kid needs were met but I struggled to find ways to give them many wants five kids basic needs cost a lot but God always provided for us in many amazing ways. With the aunt But if attorney did not dowhat client asked even file an appeal of the most un lawful trial by an unethical magistrates who everyone knew she had a verdict before I even walked in and yelled at me for telling my attorney that they the room and that is how were not meeting my children's need and now my daughter never got her beauty school license and when my attorney said something. Aunt lied and the judge yelled at me like I had committed a crime and she was. Not going to allow my false statement in her mind be forgotten by anyone in that court room yet I told the truth The aunt lied to protect her paychecks she had been receiving for stealing without any of the required rules that must show a danger or iminant harm to the kids in order for a n emergency removal from the parent her children to be taken without a court order or warrant their must be proof needed of something that could be a danger or something that harm to them or an act of someone who could cause harm probably would need to show some kind of past harm or injury or unkindness the kids had experienced or felt if left with parent kids would suffer injury or their needs not being met but none of that is true my kids were the one thing that every day I felt like God must love me so much to give me the most amazing 5 children in the world and I would thank God every day for them they are fun to just watch their expressions and personality and their talent I wanted to give them enough love of 2 parents so they would know that they are so important and loved and not feel ever like they didn't have enough love or support I always told them affirmations daily. maybe if I knew how to protect my children's rights and my rights I could have stopped the government officials and judges who receive money for every child put in foster care so disgusting and I want to sue the people who did it and didn't do 1 thing that is needed to receive the funds for saying that they were in need of services and then not provide services for the program is fraud and the threats they made are violations of our civil rights and then they would talk about me like I was not their mother mother any more that was what they told my girls all the time and aunt was now going to be mom because they were never going to allow my kids to come home and If they complain they would be put in foster care with strangers. So the system is so corrupt it's unfixable and needs to be shutdown and the agency and courts need to pay for the pain and suffering and relationship problems with insecurities and ptsd is hard to overcome.do you know if I can use the facts or do I have to use the uncrossexamined witnesses who I wanted her to at least act like she was not on the same side as the agency and the judge that didn't follow the law and If they didn't follow the judges orders for my visits was not followed and my attorney a did nothing to help me and I probably would have been better off without thinking that my attorney was gong to help me but she never once said anything about the behavior and practice of these people who are all getting paid for the children to be taken and they don't care about the damage that they are personally responsible for destroying the lives of people who were your paycheck and that's what mattered to you not the facts that they were loved and have never been anything but loved and encouraged and affirmations of the great qualities that they all have they are what makes me complete and full of greatfullness they are my truly most amazing gifts God has given me I have a part of me that feels like I was not able to prevent these people from steeling my children and I feel like I let Them down and God down and I feel so guilty I didn't know how to defend myself and my children I didn't know how to. Stop my children from being taken they lie and say that because I prayed for the night at the addoration chapel and spending time with Christ in the blessed sacrament by the power of the holy spirit becomes the body of Christ and so people pray together like the rosary and the chaplet of mercy but I would contemplate the passion of the cross and every pain that Christ suffered to save me who is so sinful and deserve to be punished for the offences against God and he who is sinless took my place and saved me. And I love my Lord and savior and the attorney said that I was not normal and told her I was crazy because of my love for the one who took my place and saved me And I will be forever changed he has always been my rock my friend and. Without him and all life trials I would have been unable to handle the people who have tried to help themselves at everything that is mine and I mean every one I love and everything I paid for they sole it all from me and I didn't understand how to Stop someone who halearn d desires for my family and even said that it 2ould be so much easier if I were dead that's a bad grandma and is probably the reason her son my ex husband has not figured out that jail is for people who never learn from their sins and keep doing the same thing and jail has been his choice and a waste of a life that could have had it all 5 children and a wife who love him he has never learned what really matters and my prayers are he finds out that eternity will be a long one in bell with no end of torment and pain with no end and it was his choice yet didn't ask God to reveal himself and his desire to know him. I pray all all wake up and understand the ice with God on your side Andy back is so precious to me and his unfailing love with gifts to give me that show me I matter to him and e is in control even when we get lost in all the things going on that if I was not aware of all kinds of secret and prophecy of the next few years I would be so stressed out from all the lies that CNN abc,cbs,working with the fib and dems to destroy the President we the people choose and want as our President who had to battle the fib,the democrats, fake news,pedofiles, obstructionist and treasonous people tryi g to do anything to estroy the President of the people,who loves this country,i am amaized how many eople would rather live in a country that has Kenyan President ho loves Isis and hezbola.and has treated them kinder than thpeople who didn't put his criminal but in jail for destroying this. Country and contaminating every agency seems to be full of corrupt and unsaveable agencies need drained of swamp creatures

  • @nemo-nb3gh
    @nemo-nb3gh 2 года назад

    for us mere earthlings: you have to buy professor Duane's book "the right to remain innocent "

  • @nemo-nb3gh
    @nemo-nb3gh 2 года назад +1

    It is better that 10 guilty persons go free than one innocent man be convicted and punished --Sir William Blackstone English jurist, judge 18th century