Hearsay and Hospital Bills: Divin...
Explicit
Hearsay and Hospital Bills: Diving into Federal Evidence on the California February 2017 Bar Exam
Explicit

Bar Exam and Chill by Bar Exam and Chill

Episode notes

Episode Overview

In this episode, we break down a classic Evidence fact pattern from the February 2017 California Bar Exam. We analyze the "Russian Doll" nature of hearsay in medical records, the power of vicarious admissions by employees, and the strict public policy wall that protects offers to pay medical expenses.

Segment 1: The Paper Trail (Hospital Intake Forms)

  • The Big Concept: Hearsay within Hearsay.
  • The "Outer Shell": The record itself. Under FRE 803(6), a business record is admissible if there was a business duty to record it. Since Nurse Nellie recorded it as "standard procedure," the form passes the first test.
  • The "Inner Statement": Pete’s actual words. Pete has no "business duty" to the hospita ... 
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Keywords
Bar ExamBar PrepEvidenceCalifornia Bar ExamBusiness Records ExceptionHearsayLegal RelevanceFREParty Opponent AdmissionRespondeat Superior