When it comes to Evidence, I’ve found that using common sense can sometimes cover the ground lost due to a forgotten rule. My guess is that this is due to the fact that most of the Federal Rules of Evidence are based on rules that are in place for a reason. It makes sense. This is America – there aren’t any “extreme” rules or lack thereof. If you forget a hearsay exception or other rule, just apply your common sense and a bit of logic. Try not to think like a lawyer just yet. Unless, of course, you do remember the rule.
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