Prelim Exam Results and Comments

Median: 57

Mean: 56.25

High: 99

Recall the sample answers.

After the jump, some common problems:

For Tuesday

Tuesday audio. No class Monday. Judicial Lecture at 12:30 next Tuesday (Nov. 12); class participation awarded for attending.

Move to Spontaneous Statements; prep all of it. What are the elements of each of 803(1)-(4) and what gives the statements in these exceptions sufficient guarantees of trustworthiness? What is the difference between a statement offered not for the truth to show state of mind and a statement of state of mind under 803(3)? Consider:

    • Read the Advisory Committee Notes on FRE 803(3) and the discussion of Hillmon. What inferences can be drawn from the following:

            W --- Dec ("Tomorrow, I'm taking my kids to the zoo along with Jim and his kids").

What pieces of this come in under FRE 803(3)? What about the following:

          W --- Dec ("Tomorrow, Jim is taking his kids to the zoo.")

    • Why does 803(3) not allow statements of memory or belief?

For Next Class

Monday audio--Original Recipe, Extra Crispy.

Prep Exclusions (FRE 801(d)). What is the difference between an exclusion and an exception? What are the possible ways to handle out-of-court statements where the declarant testifies? How does 801(d) draw that line?

Move to Spontaneous Statements, covering FRE 803(1)-(4); read the rules and Committee notes and the C&S reading but leave the problems for next week. What are the elements of each of 803(1)-(4) and what gives the statements in these exceptions sufficient guarantees of trustworthiness? What is the difference between a statement offered not for the truth to show state of mind and a statement of state of mind under 803(3)?