The Bar Exam Toolbox Podcast: Pass the Bar Exam with Less Stress

138: Listen and Learn -- Hearsay Exceptions: Prior Testimony and Past Recollection Recorded


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Welcome back to the Bar Exam Toolbox podcast! In today's episode, we cover two more hearsay exceptions -- prior testimony and past recollection recorded. You can find more on the topic of hearsay exceptions in episodes 101, 115, and 132.

In this episode, we discuss:

  • A review of the definition of hearsay
  • When is a declarant deemed unavailable as a witness?
  • The rules for the prior testimony exception and the past recollection recorded exception
  • Questions involving multiple hearsay
  • Going through two hypos from previous California bar exams

Resources:

  • "Listen and Learn" series (https://barexamtoolbox.com/bar-exam-toolbox-podcast-archive-by-topic/bar-exam-toolbox-podcast-explaining-individual-mee-and-california-bar-essay-questions/#listen-learn)
  • California Bar Examination, February 2012 (https://www.calbar.ca.gov/Portals/0/documents/admissions/Examinations/February2012CBXQuestions.pdf)
  • Podcast Episode 89: Listen and Learn – What Is Hearsay? (https://barexamtoolbox.com/podcast-episode-89-listen-and-learn-what-is-hearsay/)
  • Podcast Episode 101: Listen and Learn – Present Sense Impression vs. State of Mind (https://barexamtoolbox.com/podcast-episode-101-listen-and-learn-present-sense-impression-vs-state-of-mind/)
  • Podcast Episode 115: Listen and Learn – Dying Declaration vs. Excited Utterance (https://barexamtoolbox.com/podcast-episode-115-listen-and-learn-dying-declaration-vs-excited-utterance/)
  • Podcast Episode 132: Listen and Learn – Hearsay Exceptions: Government and Business Records (https://barexamtoolbox.com/podcast-episode-132-listen-and-learn-hearsay-exceptions-government-and-business-records/)
  • Tackling MBE Hearsay Questions (https://barexamtoolbox.com/tackling-mbe-hearsay-questions/)

Download the Transcript (https://barexamtoolbox.com/episode-138-listen-and-learn-hearsay-exceptions-prior-testimony-and-past-recollection-recorded/)

If you enjoy the podcast, we'd love a nice review and/or rating on Apple Podcasts (https://itunes.apple.com/us/podcast/bar-exam-toolbox-podcast-pass-bar-exam-less-stress/id1370651486) 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 Bar Exam Toolbox website (https://barexamtoolbox.com/contact-us/). Finally, if you don't want to miss anything, you can sign up for podcast updates (https://barexamtoolbox.com/get-bar-exam-toolbox-podcast-updates/)!

Thanks for listening!

Alison & Lee

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