Notorious RBG wrote:
BuenAbogado wrote:Did anyone else stupidly throw in a blurb about Hearsay on the 4th Amendment question?
Model answers will sometimes include a quick spot and drop (so to speak) for mildly relevant issues, and I was really stretching for content on that essay since they went out of their way to ONLY ask about the 4th amendment. So I said something like "by the way this isn't hearsay because it's a dog" and then one other time I don't remember. I don't think I would have done that if they had explicitly said to ONLY address 4th amendment concerns and NOT evidence rules, but in the end it doesn't really matter because the grader might internalize it like that regardless.
I don't think it will hurt you unless you go off on a tangent about it, which some people do because they don't understand the main issue well enough and are trying to fill space with stuff they are more comfortable with. I think as long as you didn't do that you're fine. But really who knows... that could be a pet peeve of your grader and boom, docked 5 points. Some tutors will tell you that kind of thing makes you look bad, others say if it occurs to you and you really studied you should write it down and then dismiss it. In the end your grader is a flawed person making a subjective judgment. Nobody knows anything.
I think for me, I was told in bar prep to not try and be an all-star. If I recall, Q3s call of the question expressly asked for 4th amendment analysis. So for me, I took that as a golden clue to not talk about Evidence. Now, as has been said, if you didn't go off on a tangent, I'm sure it's harmless to throw a hearsay line in there. But ultimately I think it would be a time waster and might put a bad taste in your grader's mouth who might ask, "Did analysis on other important issues suffer because of this?"
However, it was out of the box thinking to mention it and it might show that you can contextualize the law across many subjects. I didn't even think about hearsay as an issue for Q 3.