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The evidence of aging

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Law school — at least evidence class — hasn’t changed much since I last stepped into a classroom as a student during Bush’s presidency (the father’s, not the son’s).

Hearsay is still generally inadmissible at trial because it is “an out-of-court statement introduced for the truth of the matter asserted.” And a bunch of exceptions to the hearsay rule remain, including, but not limited to, “past-recollection recorded,” “present-sense impression,” “business documents” and “excited utterances.”

So, much of what I learned 18 years ago came flowing back to me as I sat in on Professor Paul Rice’s evidence class Monday afternoon at American University’s Washington College of Law (pictured), from which I graduated in December 1991.

But some things have definitely changed: For example, each student had a laptop computer and Internet access, made possible by Wi-Fi and electrical outlets by each seat.

Back in the Dark Ages (the late 1980s and early 1990s), we students had to get by with pens, highlighters and notebooks (the paper variety).

Just as I was feeling like Cro Magnon man, the good professor came to my rescue as he tried to illustrate for the students that just because a document has a date doesn’t mean that an event occurred on that date.

Rice, who has been teaching at the school for 35 years , asked the class if anyone knew what it meant to “kite” a check.

The students, born into an era when deposited checks are recorded automatically, stared blankly.

Meanwhile, the professor and I shared knowing smiles.

Category: law, law school

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