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hearsay mastermen come itt have Q

how is A the right answer
Very tactful exciting french chef
  06/12/14
It's not the right answer. That's the problem with the MBE. ...
supple slap-happy home old irish cottage
  06/12/14
mostly because B, C, and D are reel retarted, sir.
Cyan Boistinker Cruise Ship
  06/12/14
i just dont understand why it needs a hearsay exception. it'...
Very tactful exciting french chef
  06/12/14
LJL good luck in feb.
Cyan Boistinker Cruise Ship
  06/12/14
:(
Very tactful exciting french chef
  06/12/14
well, good luck next month too. edit: a witness can't jus...
Cyan Boistinker Cruise Ship
  06/12/14
fuck. his statement isnt hearsay to me so i just got thrown ...
Very tactful exciting french chef
  06/12/14
It's not a wrong answer, just not the BEST answer (smug as f...
Buck-toothed point
  06/12/14
lol ty
Very tactful exciting french chef
  06/12/14
lls
Vermilion Curious Voyeur
  06/13/14
wut
Chestnut bateful affirmative action
  06/12/14
i have a feeling i am completely misreading this question. i...
Very tactful exciting french chef
  06/12/14
hearsay is basically any out of court statement, regardless ...
Gay Indian Lodge Friendly Grandma
  06/12/14
ok ty i dont why my outline is that off
Very tactful exciting french chef
  06/12/14
it's a pretty important concept to have wrong
Gay Indian Lodge Friendly Grandma
  06/12/14
lol you are telling me
Very tactful exciting french chef
  06/12/14
reread the definition of hearsay
Gay Indian Lodge Friendly Grandma
  06/12/14
so even statements made by the witness testifying are hearsa...
Very tactful exciting french chef
  06/12/14
yes
Gay Indian Lodge Friendly Grandma
  06/12/14
bro, hearsay definition: ANY OUT OF COURT STATEMENT OFFE...
lavender haunted graveyard
  06/12/14
...
concupiscible aggressive hairy legs
  06/12/14
Take a Diversity Nap
Pungent irradiated box office
  06/12/14
Think b is wrong because it doesn't involve liability so muc...
Blue Maniacal Brunch Faggotry
  06/12/14
Pretty sure this falls under the "Records of Religious ...
Salmon legal warrant
  06/12/14
Fucking LOL man, I will be rooting for you. C & D are...
lavender haunted graveyard
  06/12/14
because it is a hearsay exception and the statement is not h...
Very tactful exciting french chef
  06/12/14
See my edit above. The statement is hearsay but for the exce...
lavender haunted graveyard
  06/12/14
i guess i will i have in my notes that prior statements b...
Very tactful exciting french chef
  06/12/14
jesus bro, fuck your notes, go to the source. it's more comp...
lavender haunted graveyard
  06/12/14
ty
Very tactful exciting french chef
  06/12/14
Seriously... just do lots and lots of practice questions in ...
Dashing turquoise persian
  06/12/14
i don't think civ pro has been added yet, but there are now ...
lavender haunted graveyard
  06/12/14
see below ive been scoring around 90 percent i guess it w...
Very tactful exciting french chef
  06/12/14
yeah if you are getting 90%+ on actual MBEs, then i really w...
lavender haunted graveyard
  06/12/14
I know... everyone told me it was the easiest section, but I...
Dashing turquoise persian
  06/12/14
my prep company did not give me anything for civ pro for the...
Very tactful exciting french chef
  06/12/14
it's not on there. obviously it's a high percentage topic fo...
lavender haunted graveyard
  06/12/14
cr. but A is a better answer because it digs deeper than B. ...
Sinister factory reset button international law enforcement agency
  06/12/14
ty ill keep this in mind
Very tactful exciting french chef
  06/12/14
good luck, this is a pretty easy question
Gay Indian Lodge Friendly Grandma
  06/12/14
It's refreshing to see a thread like this
geriatric big pistol
  06/13/14
...
Very tactful exciting french chef
  05/29/17


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Reply Favorite

Date: June 12th, 2014 3:40 PM
Author: Very tactful exciting french chef
Subject: how is A the right answer

Raymond, a Hallmark salesman, was a guest at the Holiday Hotel in Arizona. After checking into the hotel, he went to the elevator on the lobby level floor to proceed to his room. When the elevator doors opened, he stepped into the elevator shaft, unaware that the elevator car itself had not descended to the lobby. Raymond fell 10 feet to the elevator shaft floor. The elevator actually was out of service because it was being repaired that day. Raymond sues the hotel, claiming he suffers from permanent injuries as a result of the incident.

At trial, Raymond proposed to testify that he called out after the incident, "I have just fallen while getting into the lobby elevator and my knee really hurts." The only response was from Jean Paul, the concierge, who said, "Hold on, I'll get some help." Jean Paul observed Raymond later that day swimming in the hotel pool.

Raymond's proposed testimony regarding his statement to the concierge should be:

( )(A) Admitted, as a statement of present physical condition.

(x)(B) Admitted, as evidence of liability against the hotel. ← Wrong answer

( )(C) Excluded, because the statement was not made to a treating doctor.

( )(D) Excluded, because Raymond is not qualified as an expert to determine his own medical condition.

(http://www.autoadmit.com/thread.php?thread_id=2591825&forum_id=2#25737429)



Reply Favorite

Date: June 12th, 2014 3:42 PM
Author: supple slap-happy home old irish cottage

It's not the right answer. That's the problem with the MBE. It's subjective.

(http://www.autoadmit.com/thread.php?thread_id=2591825&forum_id=2#25737450)



Reply Favorite

Date: June 12th, 2014 4:00 PM
Author: Cyan Boistinker Cruise Ship

mostly because B, C, and D are reel retarted, sir.

(http://www.autoadmit.com/thread.php?thread_id=2591825&forum_id=2#25737556)



Reply Favorite

Date: June 12th, 2014 4:03 PM
Author: Very tactful exciting french chef

i just dont understand why it needs a hearsay exception. it's the witnesses own statement.



(http://www.autoadmit.com/thread.php?thread_id=2591825&forum_id=2#25737575)



Reply Favorite

Date: June 12th, 2014 4:07 PM
Author: Cyan Boistinker Cruise Ship

LJL

good luck in feb.

(http://www.autoadmit.com/thread.php?thread_id=2591825&forum_id=2#25737608)



Reply Favorite

Date: June 12th, 2014 4:07 PM
Author: Very tactful exciting french chef

:(

(http://www.autoadmit.com/thread.php?thread_id=2591825&forum_id=2#25737611)



Reply Favorite

Date: June 12th, 2014 4:08 PM
Author: Cyan Boistinker Cruise Ship

well, good luck next month too.

edit: a witness can't just testify about anything they want simply because they were the one that said it.

(http://www.autoadmit.com/thread.php?thread_id=2591825&forum_id=2#25737619)



Reply Favorite

Date: June 12th, 2014 4:11 PM
Author: Very tactful exciting french chef

fuck. his statement isnt hearsay to me so i just got thrown off on having to pick a hearsay exception as an answer.

ty

(http://www.autoadmit.com/thread.php?thread_id=2591825&forum_id=2#25737649)



Reply Favorite

Date: June 12th, 2014 4:09 PM
Author: Buck-toothed point

It's not a wrong answer, just not the BEST answer (smug as fuck barbri lecturer)

(http://www.autoadmit.com/thread.php?thread_id=2591825&forum_id=2#25737626)



Reply Favorite

Date: June 12th, 2014 4:12 PM
Author: Very tactful exciting french chef

lol ty

(http://www.autoadmit.com/thread.php?thread_id=2591825&forum_id=2#25737663)



Reply Favorite

Date: June 13th, 2014 1:30 AM
Author: Vermilion Curious Voyeur

lls

(http://www.autoadmit.com/thread.php?thread_id=2591825&forum_id=2#25741504)



Reply Favorite

Date: June 12th, 2014 4:56 PM
Author: Chestnut bateful affirmative action

wut

(http://www.autoadmit.com/thread.php?thread_id=2591825&forum_id=2#25737912)



Reply Favorite

Date: June 12th, 2014 4:59 PM
Author: Very tactful exciting french chef

i have a feeling i am completely misreading this question. im not a fucking genius but i swear im smart enough to understand basic law concepts.

(http://www.autoadmit.com/thread.php?thread_id=2591825&forum_id=2#25737928)



Reply Favorite

Date: June 12th, 2014 5:01 PM
Author: Gay Indian Lodge Friendly Grandma

hearsay is basically any out of court statement, regardless of source

it doesn't matter if the witness is testifying about his own statement, it's still hearsay and inadmissible unless there is an exception (or it's one of the limited 'non-hearsay' exceptions)

(http://www.autoadmit.com/thread.php?thread_id=2591825&forum_id=2#25737939)



Reply Favorite

Date: June 12th, 2014 5:02 PM
Author: Very tactful exciting french chef

ok ty i dont why my outline is that off

(http://www.autoadmit.com/thread.php?thread_id=2591825&forum_id=2#25737946)



Reply Favorite

Date: June 12th, 2014 5:04 PM
Author: Gay Indian Lodge Friendly Grandma

it's a pretty important concept to have wrong

(http://www.autoadmit.com/thread.php?thread_id=2591825&forum_id=2#25737953)



Reply Favorite

Date: June 12th, 2014 5:08 PM
Author: Very tactful exciting french chef

lol you are telling me

(http://www.autoadmit.com/thread.php?thread_id=2591825&forum_id=2#25737969)



Reply Favorite

Date: June 12th, 2014 4:58 PM
Author: Gay Indian Lodge Friendly Grandma

reread the definition of hearsay

(http://www.autoadmit.com/thread.php?thread_id=2591825&forum_id=2#25737917)



Reply Favorite

Date: June 12th, 2014 5:00 PM
Author: Very tactful exciting french chef

so even statements made by the witness testifying are hearsay? if that's the case, my outline for evidence is wrong and caused this confusion.

(http://www.autoadmit.com/thread.php?thread_id=2591825&forum_id=2#25737936)



Reply Favorite

Date: June 12th, 2014 5:02 PM
Author: Gay Indian Lodge Friendly Grandma

yes

(http://www.autoadmit.com/thread.php?thread_id=2591825&forum_id=2#25737942)



Reply Favorite

Date: June 12th, 2014 5:11 PM
Author: lavender haunted graveyard

bro, hearsay definition:

ANY OUT OF COURT STATEMENT OFFERED FOR THE TRUTH OF THE MATTER ASSERTED

for testing purposes, just assume everything is hearsay and work backwards from the non-hearsay categories and exceptions.

(http://www.autoadmit.com/thread.php?thread_id=2591825&forum_id=2#25737977)



Reply Favorite

Date: June 12th, 2014 4:09 PM
Author: concupiscible aggressive hairy legs



(http://www.autoadmit.com/thread.php?thread_id=2591825&forum_id=2#25737630)



Reply Favorite

Date: June 12th, 2014 5:18 PM
Author: Pungent irradiated box office
Subject: Take a Diversity Nap

Fucking lol. 180

(http://www.autoadmit.com/thread.php?thread_id=2591825&forum_id=2#25738007)



Reply Favorite

Date: June 12th, 2014 4:31 PM
Author: Blue Maniacal Brunch Faggotry

Think b is wrong because it doesn't involve liability so much as whether he was injured. Glad I don't have to deal with this shit anymore.

(http://www.autoadmit.com/thread.php?thread_id=2591825&forum_id=2#25737777)



Reply Favorite

Date: June 12th, 2014 4:34 PM
Author: Salmon legal warrant

Pretty sure this falls under the "Records of Religious Organizations" hearsay exception brothers.

(http://www.autoadmit.com/thread.php?thread_id=2591825&forum_id=2#25737797)



Reply Favorite

Date: June 12th, 2014 4:40 PM
Author: lavender haunted graveyard

Fucking LOL man, I will be rooting for you.

C & D are both hilariously wrong, as is B. But even then, how does (A) seem wrong to you?

Edit: just read you that you thought whatever the D says isn't hearsay.

If you didn't take evidence in LS for some reason and are struggling with the testimony concepts, sitting down and reading the E&E on evidence might really benefit you. You can get through most of it in a day and it makes the shit pretty clear. Not a waste of time at this point if you're this bad with the basic concepts.

(http://www.autoadmit.com/thread.php?thread_id=2591825&forum_id=2#25737830)



Reply Favorite

Date: June 12th, 2014 4:44 PM
Author: Very tactful exciting french chef

because it is a hearsay exception and the statement is not hearsay

i figured b was correct because it is relevant at least. like on direct, the plaintiff would be like i fell down an elevator shaft and screamed out for help and that i was in pain. just seems like it is a standard response during a direct all used to prove the hotel was liable due to negligence in some way.

(http://www.autoadmit.com/thread.php?thread_id=2591825&forum_id=2#25737846)



Reply Favorite

Date: June 12th, 2014 4:48 PM
Author: lavender haunted graveyard

See my edit above. The statement is hearsay but for the exception. As a rule, really vague and generic answers like (B) are almost never correct.

(http://www.autoadmit.com/thread.php?thread_id=2591825&forum_id=2#25737860)



Reply Favorite

Date: June 12th, 2014 4:51 PM
Author: Very tactful exciting french chef

i guess i will

i have in my notes that prior statements by the witness testifying is not hearsay

ty

(http://www.autoadmit.com/thread.php?thread_id=2591825&forum_id=2#25737882)



Reply Favorite

Date: June 12th, 2014 4:54 PM
Author: lavender haunted graveyard

jesus bro, fuck your notes, go to the source. it's more complex than that.

get a really solid outline if barbri or kaplan or whatever is confusing you, or get a concise supplement, and just spend a day actually learning that shit. you are shaky and this should be an easy topic to pwn.

(http://www.autoadmit.com/thread.php?thread_id=2591825&forum_id=2#25737900)



Reply Favorite

Date: June 12th, 2014 4:55 PM
Author: Very tactful exciting french chef

ty

(http://www.autoadmit.com/thread.php?thread_id=2591825&forum_id=2#25737908)



Reply Favorite

Date: June 12th, 2014 4:49 PM
Author: Dashing turquoise persian

Seriously... just do lots and lots of practice questions in evidence. Like multistate edge or barbri's version. After awhile you'll recognize the subtle differences. For me, evidence was the hardest MBE section. Property was hard too, but the questions were more straightforward (if that's possible) than the evidence questions.

I heard that the new MBE will have civ pro... is that true?

(http://www.autoadmit.com/thread.php?thread_id=2591825&forum_id=2#25737869)



Reply Favorite

Date: June 12th, 2014 4:52 PM
Author: lavender haunted graveyard

i don't think civ pro has been added yet, but there are now experimental questions on every test.

if he fundamentally doesn't get evidence, then a day just learning the testimony shit would be valuable rather than burning through all his practice questions. evidence is widely regarded as one of the easier topics on the exam if you just have a clear understanding of the basics. if you're confused about what hearsay is, then you need to remedy that shit quickly and move on.

(http://www.autoadmit.com/thread.php?thread_id=2591825&forum_id=2#25737887)



Reply Favorite

Date: June 12th, 2014 4:54 PM
Author: Very tactful exciting french chef

see below ive been scoring around 90 percent

i guess it was just a small section of my notes that said statements by the witness testifying is not hearsay. ill look into the E&E to clarify.

(http://www.autoadmit.com/thread.php?thread_id=2591825&forum_id=2#25737904)



Reply Favorite

Date: June 12th, 2014 4:56 PM
Author: lavender haunted graveyard

yeah if you are getting 90%+ on actual MBEs, then i really wouldn't worry about it.

(http://www.autoadmit.com/thread.php?thread_id=2591825&forum_id=2#25737911)



Reply Favorite

Date: June 12th, 2014 4:57 PM
Author: Dashing turquoise persian

I know... everyone told me it was the easiest section, but I still struggled with it. Definitely understood the more concrete (IMO) sections K's and Prop, but ended up doing fine on all the sections.

Just focus on what "truth of the matter asserted" really means.

(http://www.autoadmit.com/thread.php?thread_id=2591825&forum_id=2#25737915)



Reply Favorite

Date: June 12th, 2014 4:53 PM
Author: Very tactful exciting french chef

my prep company did not give me anything for civ pro for the MBE so i hope not. it did give it to me for state material so even if it comes up im sure ill be fine.

ive averaging around 90 percent on the 150-175 MBE evidence questions ive done just this one throw me way off.

(http://www.autoadmit.com/thread.php?thread_id=2591825&forum_id=2#25737896)



Reply Favorite

Date: June 12th, 2014 4:55 PM
Author: lavender haunted graveyard

it's not on there. obviously it's a high percentage topic for essays.

(http://www.autoadmit.com/thread.php?thread_id=2591825&forum_id=2#25737906)



Reply Favorite

Date: June 12th, 2014 4:50 PM
Author: Sinister factory reset button international law enforcement agency

cr. but A is a better answer because it digs deeper than B. if you were writing an essay in response to the question, you would start off by analyzing whether the testimony is RELEVANT (answer B)... but then you would say b-but its HEARSAY ... and then you would say however, there's an applicable exception (answer A)

what they mean by the "best" answer is that it addresses the deepest issue in the prompt

(http://www.autoadmit.com/thread.php?thread_id=2591825&forum_id=2#25737877)



Reply Favorite

Date: June 12th, 2014 5:09 PM
Author: Very tactful exciting french chef

ty ill keep this in mind

(http://www.autoadmit.com/thread.php?thread_id=2591825&forum_id=2#25737972)



Reply Favorite

Date: June 12th, 2014 4:56 PM
Author: Gay Indian Lodge Friendly Grandma

good luck, this is a pretty easy question

(http://www.autoadmit.com/thread.php?thread_id=2591825&forum_id=2#25737913)



Reply Favorite

Date: June 13th, 2014 2:05 AM
Author: geriatric big pistol

It's refreshing to see a thread like this

(http://www.autoadmit.com/thread.php?thread_id=2591825&forum_id=2#25741589)



Reply Favorite

Date: May 29th, 2017 8:32 PM
Author: Very tactful exciting french chef



(http://www.autoadmit.com/thread.php?thread_id=2591825&forum_id=2#33423628)