The Law of Hearsay: Tips for the Multistate Bar Exam

Professor James Duane shares some helpful tips on the law of hearsay for the bar examination.

[@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

[@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.

[@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!!

[@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

[@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 !!!

[@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!!

[@anniecnt]

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

[@cassandracooper8565]

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

[@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.

[@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.

[@JMDarielle]

This was extremely helpful for bar prep. 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!

[@Babiscolo]

Lifesaving Professor. Thank you!

[@burrujack306]

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

[@arafatsa3479]

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

[@djdarez2306]

so much better than barbri's lecture on evidence

[@LadyK007]

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

[@semitavitae4729]

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

[@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?

[@petermcevoy2608]

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

[@shawnetuma]

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

[@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. ✌️💞

[@HurricaneChise]

This was incredible.

[@jitesg]

You are amazing. MAY GOD BLESS YOU ABUNDANTLY..

[@soy_0scar7]

May God bless and protect 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.

[@sesanglovel]

Thank you!! This was immensely helpful!

[@poshaMillanbel]

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

[@verajumah5194]

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

[@johnclarkmartin]

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

[@desireewatson7238]

He is amazing!

[@natashamatias4534]

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

[@elijahhaar4584]

Professor Duane is a legend!

[@SusanBassi]

Adore you, thank you for always educating and informing !

[@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.

[@aangitano]

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

[@laurenfalkowitz1133]

Wow, this was incredibly helpful.

[@LindsayLane8]

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

[@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

[@bench2760]

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

[@crackerjax4330]

This was excellent. Thank you.

[@AlexIsUber]

Amazing professor.

[@tylerwarner6974]

On point. Thank you!

[@cheffboyaryeezy2496]

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

[@carlosgoetz718]

this gentleman is awesome!

[@illegallyblonde232]

Thank u ❤ I'll be taking this test soon

[@fdt7v]

OMG THANK YOU SO MUCH FOR THIS!!

[@amanihaddad]

Thank you Professor

[@nataliem7780]

Very helpful!

[@garglinghermenstural]

this is awesome!

[@andrewholcombe4565]

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

[@rashdakhan8302]

Thank you!

[@JCResDoc94]

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

[@AllfatherBlack]

Internet legend James Duane. *salute*

[@mc4ndr3]

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?

[@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?

[@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.

[@ashkiek1]

Excellent!

[@joeysixstring2442]

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.. ] :)

[@amrsalah4]

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

[@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💥

[@sbrenner2561]

Beautiful D-55!

[@raneenalsayegh2950]

THANK YOUU!!!!

[@amandabumgardner2751]

I'm a fan now since he played Fleetwood Mac

[@donbush9091]

Thank you

[@Msangel06]

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

[@CameronPresident]

This is high art.

[@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

[@anthonysclafani3963]

lol i recognized that Cornell font immediately

[@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.

[@amandabumgardner2751]

Oh it Regent no wonder I like this Instructor.

[@devenwithtwoes5856]

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.

[@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.

[@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.

[@withgoddess7164]

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

[@ljp9402]

god bless you

[@user-pp3bf3he1c]

what about testimony on hostile witness?

[@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).

[@RavnerRavner]

sweet Guild.

[@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

[@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.

[@christinamariehicks1078]

I dont have instagram ..

[@vlxxx]

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

[@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?

[@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

[@peruanopr1]

What the fox say?

[@andreavilla5466]

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

[@MiguelAJeffery]

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

[@panagiotiskostastheoktisto6709]

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

[@GeorgeHawirkoStyroHome]

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

[@mattlogue1300]

Hi I just farted so hard the walls shook.

[@evanhdez]

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

[@maranatha4613]

plz I have exam tomorrow plz help me

[@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.

[@nemo-nb3gh]

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

[@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