TTTBE #78: Early Answer for Patrons
Added 2018-06-03 22:00:01 +0000 UTCThis was a very difficult evidence question that called into question your knowledge of Rule 803(18) of the Federal Rules of Evidence -- the exhaustive list of exceptions to the rule against hearsay.
Thomas analyzed this question exactly correctly: from a practical perspective, the court isn't going to allow a jury to read an entire treatise on milling practices before coming up with their verdict. That (correctly) eliminates both "C" and "D" answers.
However, Thomas guessed incorrectly in picking "B" -- as the text of Rule 803(18) says, a section from a learned treatise can be admissible if the expert relies on it or if the treatise is "called to the attention of an expert witness." Accordingly, the best answer is "A."
I will point out that several real-life lawyers got this question wrong online, so if you went with Thomas, you're in good company.
Thomas is now 42-for-78 (53.8%), and on a two-question losing streak.
Comments
What's the current percentage for Thomas' Second Chance Law Firm?
Dennis
2018-06-04 17:37:55 +0000 UTCRight. So neither C nor D apply. Of the two remaining ‘No’ answers, B makes more sense to me because the question clearly states that his testimony was based “solely” on his own experience. The book wasn’t even a consideration to begin with.
Eric Brewer
2018-06-04 05:02:04 +0000 UTC
