The Law of Hearsay: Tips for the Multistate Bar Exam

[@psimos6572]

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]

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

[@WILMA_]

- couldn't agree more!

[@ronmaritvold2297]

J

[@michaelfulton8972]

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

[@missfit4943]

@@michaelfulton8972 me too lol

[@elijahhaar4584]

Professor Duane is a legend!

[@darliheanacho9461]

This Professor should teach every bar course and subject.

[@bryanandrews7391]

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!!

[@erikaostergaard-qqc-c2552]

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

[@sconnell1791]

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

[@joannthomases9304]

I liked your comment, i had to laugh it was so unique as a compliment gets. Really nice. That guy had a seriously high IQ, and was so humble. Yes, a few really leave a truly good mark, here, doing what's right for quiding his fellow man !

[@joannthomases9304]

@@sconnell1791 😂😂🖒

[@DanaLynnette]

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

[@sofabkiki84]

Congratulations!

[@baba-ganoush]

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.]

@@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 KZbin video. Go straight to hell hater!

[@baba-ganoush]

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]

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.

[@josephfayia9174]

What a masterpiece! Thanks, Professor James Duane.

[@rube1904]

Agreed !!!

[@ThatSundaySchoolGirl]

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

[@daniellelsimpson]

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

[@burrujack306]

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

[@stanh5076]

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.

[@joannthomases9304]

After all i have read, im sooo sicken in this country, how mislead soooo very many have been. I went through such disbelief, and seeing what you have said, has renewed, my faith !! 👏👏👏👏 i lived to see you out here doing such woooonderful work for the innocent ! Thank You !!!!

[@MeganBecker]

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!!!

[@officergregorystevens5765]

Good luck.

[@MeganBecker]

Haha! I totally forgot that I posted this. I did pass the second time, btw. 😊 Thanks!

[@rube1904]

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

[@natcalverley4344]

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.

[@andrewholcombe4565]

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

[@cassandracooper8565]

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

[@angelahamon6730]

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 KZbin.

[@anniecnt]

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

[@jaksbekalskkz1961]

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?

[@djdarez2306]

so much better than barbri's lecture on evidence

[@verajumah5194]

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

[@daisyladyklg8538]

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. ✌️💞

[@arafatsa3479]

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

[@jitesg]

You are amazing. MAY GOD BLESS YOU ABUNDANTLY..

[@soy_0scar7]

May God bless and protect you!

[@JMDarielle]

This was extremely helpful for bar prep. Thank you!

[@petermcevoy2608]

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

[@Babiscolo]

Lifesaving Professor. Thank you!

[@JCResDoc94]

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

[@johnclarkmartin]

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

[@desireewatson7238]

He is amazing!

[@semitavitae4729]

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

[@cheffboyaryeezy2496]

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

[@poshaMillanbel]

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

[@LadyK007]

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

[@bench2760]

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

[@shawnetuma]

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

[@SusanBassi]

Adore you, thank you for always educating and informing !

[@natashamatias4534]

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

[@AlexIsUber]

Amazing professor.

[@HurricaneChise]

This was incredible.

[@moohaloful]

Amazing video and super helpful!

[@shahidmahmood3051]

perfect professor thank you and appreciate you for your volunteer help

[@kashewesiyubo6064]

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

[@crackerjax4330]

This was excellent. Thank you.

[@AllfatherBlack]

Internet legend James Duane. *salute*

[@sesanglovel]

Thank you!! This was immensely helpful!

[@amrsalah4]

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

[@amanihaddad]

Thank you Professor

[@carlosgoetz718]

this gentleman is awesome!

[@abhishekdalal1990]

This was amazing. Has anyone found something like this for character evidence?

[@illegallyblonde232]

Thank u ❤ I'll be taking this test soon

[@luckyswine]

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.

[@tylerwarner6974]

On point. Thank you!

[@officergregorystevens5765]

"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.. ] :)

[@nataliem7780]

Very helpful!

[@JCResDoc94]

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]

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).

[@LindsayLane8]

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

[@danmorgan712]

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.

[@Msangel06]

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

[@hannahlauer]

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?

[@rashdakhan8302]

Thank you!

[@JCResDoc94]

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.

[@fdt7v]

OMG THANK YOU SO MUCH FOR THIS!!

[@garglinghermenstural]

this is awesome!

[@laurenfalkowitz1133]

Wow, this was incredibly helpful.

[@saizai]

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]

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

[@googlyeyes340]

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]

@@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]

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

[@brucedavid8735]

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

[@melisainfresnofelipecastan1632]

💥IMPECABLE👌🏼ABSOLUTELY APPRECIATED💥

[@CameronPresident]

This is high art.

[@withgoddess7164]

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

[@amandabumgardner2751]

I'm a fan now since he played Fleetwood Mac

[@Devfullfaithandcredit]

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

[@l.w.paradis2108]

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

[@anabwe]

Amazing!!!

[@sbrenner2561]

Beautiful D-55!

[@ashkiek1]

Excellent!

[@icysis1980]

this is great!

[@Itslizyall]

I really just watched all this enthusiastically knowing good and well I've not even one reason to do so. Literally not one. Made me wanna try the bar lol. But all I kept thinking about was the lawyer with the amber/johnny case who with hilarity kept on with the "irrelevant hearsay" objection.. to the point where when Johnny was talking he visabily wld tiptoe, and look shocked if she didn't. I wonder if I went back now if any of those times look less like she's willing to defend what I consider some pretty sad monstrosities given it was all abuse & for such a long time, but also iin an utterly funny, well almost gutteral utterance, that came of so natural. Probably not but it did make me question what the hell I'm doin with my life

[@raneenalsayegh2950]

THANK YOUU!!!!

[@seanleeroy5239]

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]

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

[@nemo-nb3gh]

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

[@adaml2932]

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

[@oklahomaproud6665]

The tune is Never Going Back Again

[@donbush9091]

Thank you

[@amandabumgardner2751]

Oh it Regent no wonder I like this Instructor.

[@enteringthegrayzone4020]

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.

[@kingofgrim4761]

Why would u say it tjo

[@joeysixstring2442]

Thank you!!!

[@anthonysclafani3963]

lol i recognized that Cornell font immediately

[@trollking6111]

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.

[@MiguelAJeffery]

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

[@shivasirons6159]

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?

[@MagnumDB]

Common wrong answers / the first question - if I can try and summarize my understanding… it’s only not hearsay if Wanda, on the stand, has physical evidence that Dan said “X”? It’s not enough for her to BE THERE when he said it OR for her to say she KNOWS he said it. She must PROVE he said it. And Dan (well, Dan’s lawyers) cannot object to this as hearsay because Dan himself is the one who said it? Dan can’t object no matter what Wanda says or has as evidence? That doesn’t seem right to me, that he can’t object to something as hearsay if there’s no evidence, simply because he’s the one that prosecution is claiming said “X.”

[@АнтонКузнецов-и8ю]

what about testimony on hostile witness?

[@peruanopr1]

What the fox say?

[@andreavilla5466]

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

[@ljp9402]

god bless you

[@evanhdez]

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

[@maranatha4613]

exceptions and rules against hearsay evidence

[@djjoshua007]

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

[@mattlogue1300]

Hi I just farted so hard the walls shook.

[@pabslondon]

So if you talk to the police and say something that might incriminate you (even if you were actually innocent) it can be used against you.. but anything you say to police that might exonerate you is 'hearsay'. Seems to me you shouldn't talk to Police at all

[@bobcervante3801]

pabslondon yes. His other videos explain this. Say nothing as it will not benefit you. However it can and will be used against you. Unfortunately in the UK we don’t have a 5th amendment. The only thing you should do is identify yourself and ask for legal representation. Then silence until lawyer is briefed and has spoken to you and advised.

[@christinamariehicks1078]

I dont have instagram ..

[@StyroHome]

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