Podcast Episode 137: Listen and Learn — The Confrontation Clause

Welcome back to the Bar Exam Toolbox podcast! Today, in our “Listen and Learn” series, we take a look at the Confrontation Clause. Confrontation Clause issues are commonly tested in Evidence questions in both law school exams and bar exams, almost always alongside hearsay issues.

In this episode we discuss:

• Reviewing the rules of the Confrontation Clause
• The relationship between Confrontation Clause and hearsay questions
• How to determine whether a statement made to the police is testimonial in nature, or the Primary Purpose Test
• Analyzing two hypos from previous California bar exams

Thanks for listening!

Listen Now:

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Resources:

• “Listen and Learn” series
• California Bar Examination – Essay Questions and Selected Answers, February 2007
• California Bar Examination, July 2018
• Podcast Episode 89: Listen and Learn – What Is Hearsay?
• Tackling MBE Hearsay Questions

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