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.

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!

Requests?

Hi all, and happy weekend!

We wanted to take a moment to ask whether there are any particular areas of Property Law that you would like us to upload any charts, diagrams, or short outlines or explanations (per our understanding) for, and also inquire as to whether there are any requests or suggestions on what topics to do next and if there is anything specific you would like materials to focus on? The current plan is to do the MBE subjects first, but what order, what questions are out there, what formats or study aids do you like best? We would love to hear from you!

Enjoy your weekend everyone!