OA Bar Prep With Heather! T3BE40
Added 2024-09-11 07:41:19 +0000 UTCThe answer for T3BE39 is coming your way, and we launch our next Bar Prep question with Heather!
Patrons, submit your answers below! But also, feel free to double up and submit on reddit.com/r/openargs!
Comments
Just caught up on this one and you basically had the same thoughts i did. I went with B and then because I coach Mock Trial for high school and thought I knew most of the rules of evidence I looked up D to discover it's more contract law than evidentiary, which is why I don't know it - but it looks to me like you can introduce any evidence of communication AFTER the contract is signed, but not before.
Matt is a movie star ask him about The Gamers
2024-09-24 18:03:48 +0000 UTCThis sounds like it would be very discouraging for me lol. I take soooooooo much longer than I need to. then again, maybe it's faster to not have to try to explain yourself in as entertaining a way as possible...
Opening Arguments
2024-09-17 23:35:53 +0000 UTCUnlike Thomas, I am completely sure I have no idea what the parol evidence rule is (and based on hearing it, I would have spelled it with an E on the end!) Going with my gut, I think the answer is B, that seems to be the most fair, especially because it now looks like Paul was trying to hide this part of the email. Sus, as the kids say. Also, idea for a special episode inspired by last week's OA bar prep episode mentioning that trying to go for speed would make the episode 2 min long-- what about a lightning round episode where you do a whole bunch of questions at a bar exam pace? Not sure how Heather teaches speed improvements, maybe this is a bad idea, but could be fun I think!
can I get a CHEE-HOOOOO
2024-09-13 13:41:42 +0000 UTCHey cool dudes, dudettes, and beach buddies who don't identify as either! Let's grab our boards and try to pass that sand bar! I think that Big Kahuna Thomas was on the right track when he says this was contract law. I think all these evidence answers are weak waves we shouldn't try to surf. The contract is the contract, who cares what an email said? The email doesn't change the contract without consideration on both sides and all that. So I'm between C and D and I'm going to guess that the parol evidence rule Thomas can't remember fully (and I don't remember at all) means something like evidence doesn't overrule a contract. So going with the D, Daddy-O.
Matthew from Talking About the Big Stuff Podcast
2024-09-13 12:31:40 +0000 UTCGonna go with D because I looked up the parol evidence rule, not gonna lie. The parol evidence rule says that agreements made outside of a contract are inadmissible in court, with a few exceptions. So Dale can't just make up this thing about only accepting all of the surfboards in one shipment. It's not in the contract, so it's not real.
Kait from Seattle
2024-09-11 20:55:42 +0000 UTCCan’t wait to find out what parole evidence is.
Rae
2024-09-11 18:01:37 +0000 UTCLove hearing you logic it out, Thomas, and also the way Heather supplies so much information about approaching and analyzing the problems. Thanks again!
Rae
2024-09-11 17:59:27 +0000 UTCBTW same problem as last week with the exclamation mark included in the reddit URL
Peter Olson
2024-09-11 15:44:49 +0000 UTCI'm gonna go with B. If Paul sent Dale an email that says "There is no obligation to receive any surfboards unless they are delivered in one lot of 50 handmade surfboards", it seems crazy to me that Dale wouldn't be allowed to introduce that as evidence. A doesn't seem fair to me because Dale should be allowed to introduce the same type of evidence that Paul introduced. If Paul introduced a fragment of an email, why does he get to get all hot and bothered about Dale doing the same thing? I honestly don't have anything intelligent to say about C or D because I don't know what the "parol evidence rule" is or what all the rules about hearsay are, but I'd be surprised if either of them amounted to "one weird legal trick that prevents you from introducing relevant evidence that your opponent was allowed to introduce".
Peter Olson
2024-09-11 15:32:14 +0000 UTC
