Next Study Aid – VOTE!

If either or both our property charts and evidence flow chart have been helpful or useful, please take the time to visit our Twitter @ubestudying to vote in our poll on which mbe topic study aid will be posted next! If you do not like the 4 options, either tweet at me, direct message me, or reach me on instagram or via our contact page! Happy studying!

Evidence Hearsay Flowchart

Good Afternoon All,

Below I have attached two image versions of the hearsay flowchart I created today; initially a friend was supposed to do it, but he incorporated state law distinctions which made it very lengthy and more complicated than what UBE takers need. As always, feel free to contact me (or a member of our little team here) with questions, comments, concerns, requests, etc., via the Contact Page or via our instagram (ubestudying) or Twitter @UBEstudying.

The reason for the two images is that one seems to show color better than the other, but I also have them in two different sizes. If you are saving and printing, just make sure to select the “fit to page” option 🙂

Hearsay Diagram 1

hearsay diagram2

Happy Studying!

-BBB

Evidence and so on

This is the home stretch everyone! I will be uploading my hearsay flow chart today but be forewarned, I do not delve into “non-hearsay exemptions,” for spacial concerns as well as the confusing seemingly interchangeable terminology, which I think is more a result of your prep company/evidence lecturer preference, outline or material-writer preference, and law school professor preference. For example, I learned exemptions, exclusions, and exceptions in law school, but my bar prep company uses the terms in a different way.  In bar prep, exclusions and exceptions seem synonymous and are used to describe both exceptions requiring unavailability and where unavailability is immaterial; further, while my bar prep company refers to rule 801(d) exceptions as “non-hearsay exclusions,” while my 2014 copy of the FRE and some cursory research reveals the rule itself refers to them as exclusions and “Statements That Are Not Hearsay.” At the same time, a contributor and friend of mine using a different company and a secondary resource/study system stated that they (still on rule 801) used the terms non-hearsay and exemptions. I have therefore used both “not hearsay exclusions,” and “non-hearsay exemptions,” where i touch on 801. Simply bear in mind that there are uses or purposes for certain non-hearsay purposes (i.e. not offered to prove the truth of the matter asserted) such as effect on the listener, a statement offered to show the declarants mental state or state of mind, and/or impeachment purposes. Remember, this is intended to help you so if it causes confusion due to terminology ignore it or perhaps print it out and integrate your preferred terminology. If you have questions or feel there are errors, as always feel free to contact me. Last note: we do not need to know number rules for the Bar, as I understand, but I incorporated rule numbers where applicable for those of you who do prefer to go by rule number.

Evidence and so on

This is the home stretch everyone! I will be uploading my hearsay flow chart today but be forewarned, I do not delve into “non-hearsay exemptions,” for spacial concerns as well as the confusing seemingly interchangeable terminology, which I think is more a result of your prep company/evidence lecturer preference, outline or material-writer preference, and law school professor preference. For example, I learned exemptions, exclusions, and exceptions in law school, but my bar prep company uses the terms in a different way.  In bar prep, exclusions and exceptions seem synonymous and are used to describe both exceptions requiring unavailability and where unavailability is immaterial; further, while my bar prep company refers to rule 801(d) exceptions as “non-hearsay exclusions,” while my 2014 copy of the FRE and some cursory research reveals the rule itself refers to them as exclusions and “Statements That Are Not Hearsay.” At the same time, a contributor and friend of mine using a different company and a secondary resource/study system stated that they (still on rule 801) used the terms non-hearsay and exemptions. I have therefore used both “not hearsay exclusions,” and “non-hearsay exemptions,” where i touch on 801. Simply bear in mind that there are uses or purposes for certain non-hearsay purposes (i.e. not offered to prove the truth of the matter asserted) such as effect on the listener, a statement offered to show the declarants mental state or state of mind, and/or impeachment purposes, etc. Remember, this is intended to help you so if it causes confusion due to terminology ignore it or perhaps print it out and integrate your preferred terminology. If you have questions or feel there are errors, as always feel free to contact me. Last note: we do not need to know number rules for the Bar, as I understand, but I incorporated rule numbers where applicable for those of you who do prefer to go by rule number.

Keep Calm, and Bar Prep On..

A little humor to keep gas in the engine…and make everyone stop and think about assumption of the risk.

DISCLAIMER: I do not own or purport to own the rights to the underlying pictures. They were sourced from an application which provides them for the purposes of creating memes.

Forthcoming Materials & Update

To my dear fellow Bar Examinees and Followers:

I wanted to provide a belated update on my last post. Last week I became quite sick and subsequently fell slightly behind in my personal study schedule, which is why the study aids (the charts and diagrams mentioned in my last post have yet to be uploaded. However, rest assured that I am rapidly catching up and fully intend on getting them to you in the near future! For the time being, please know that some of our other contributors are working on other charts and diagrams. I know one person is doing a criminal law chart that starts with Specific vs. General Intent and Strict liability and flows on from there, and another person is wading through the waters of hearsay and its exceptions. Please accept my apologies and stay tuned! Also, make sure to learn from my mistake and get enough sleep before you get sick! Happy Studying and do not forget to download our property charts if you have not already done so. If you are in stress/panic mode or significantly behind, it may be a good idea to look into our post on Critical Pass Flashcards and/or Studicata if you need to drill and memorize rules.

Brief Bar Update

Hello Everyone! 

We just wanted to take the time to let you know additional materials – specifically on Contracts & Sales, Civil Procedure, and Torts are forthcoming! Some will be in the form of tables or diagrams, and others flow charts. Based on the feedback we did receive via Twitter, Instagram, and our contact page here, they will cover: damages (Contracts and Torts), Negligence, and jurisdictional charts for Civil Procedure. Stay tuned, and keep studying! 

If you haven’t done so already, look into Studicata and our discount code for their program here for information on their program and a user comment offering feedback on the program and here for an update and sale information. Also feel frew to look into Critical Pass here.

Happy hump-day!