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Mangrum All-Day Hearsay

Description

Nebraska and Federal Rules of Evidence on Hearsay and Confrontation presented by Yossem Professor Richard Collin Mangrum. This event is designed for lawyers and law students, and is provided by the Creighton University School of Law and the Creighton University Office on Continuing Education.

Designed For

Lawyers, law students

Provided By

  • Creighton University School of Law
  • Creighton University Office of Continuing Education

Register

Registration fee: $100

Richard Collin Mangrum, JD, BCL, SJD

Richard Collin Mangrum, JD, BCL, SJD, is the AA and Ethel Yossem Endowed Chair in Legal Ethics at the Creighton University School of Law. 

Professor Mangrum graduated Magna Cum laude from Harvard University in 1972.  He then attended the University of Utah School of Law, where Professor Mangrum was associate editor of the Law Review, graduating with his J.D. in 1975.  He was in private practice in Salt Lake City from 1975-1977; was Rotary International Foundation Fellow in 1977 to Oxford, England where he received his B.C.L. in 1978; he received his S.J.D from Harvard Law School in 1983.  Professor Mangrum joined the Creighton law faculty in 1979. Professor became the AA and Ethel Yossem Endowed Chair holder in 2000.  Professor Mangrum received the Robert Kennedy Memorial Award for the Outstanding University Professor for Creighton University in 2001.  Professor Mangrum received the Outstanding Professor Award for Creighton Law School in 2006. He received a visiting scholar appointment to the University of Edinburgh in the fall of 1986. He has taught as a visiting professor at the University of Utah law School in 1985, 1996, 2004. 2006 and 2013. He was a visiting professor for Touro Law School at Hebrew University in Jerusalem for the summer of 2008.

He has written over thirty articles and three books. His book Zion in the Courts: A Legal History of The Church of Jesus Christ of Latter-Day Saints, 1830-1900 (1988) (University of Illinois Press) won the National Alpha Sigma Nu Book Award for 1989. His treatise, Mangrum on Nebraska Evidence (Thomsen Reuters, annual 2003-2019), serves as a primary source for practitioners and is frequently cited by the Nebraska courts on evidentiary issues. His treatise, Mangrum and Benson on Utah Evidence (Thomsen Reuters, annual 2004-2019) also serves as a primary source for Utah practitioners and is frequently cited by the courts in Utah. He regularly lectures to practitioners and the judiciary on evidentiary issues in Nebraska and Utah. He has successfully coached trial teams for the Texas Young Lawyers Trial Competition (TYLA) or National Trial Competition and the American Association of Justice (formerly ATLA) every year since 1989. He has also successfully coached teams for the ABA Arbitration Competition since 2008.


Schedule

8:00 am - 9:00 am
Hearsay/Confrontation: Breaking Down Hearsay Problems

9:00 am - 10:00am
Nonhearsay by Statutory Definition

10:00 am - 10:15 am
Morning Break

10:15 am - 10:45 am
Confrontation

10:45 am - 11:15 am
The Res Gestae Exceptions:  803(1-4)

11:15 am - 11:30 am
Rule 803(5)  Step 8: Does the statement fall within Past Recollection Recorded

11:30 am - 12:00 pm
Step 9: The Records Exceptions: 803(6)-803(15)
Step 10:  803(16): The Ancient Writing Rule
Step 11: 803(17):  Industry Standards
Step 12: 803(18): Learned Treatise

12:00 pm - 1:00 pm
Lunch

1:00 pm - 1:10 pm
Step 13: 803(19-21): Reputation Exceptions

1:10 pm - 1:20 pm
Step 14:  803(22-23): Judgment Exceptions: 

1:20 pm - 1:25 pm
Step 15: Does the Residual Exception Apply? 807 [803(24)]

1:25 pm - 1:30 pm
Step 16:  Is the witness “unavailable” for purposes of 804(a)[1] exception consideration?

1:30 pm - 1:35 pm
Step 17:  When is former testimony admissible? 804(b)(1)[2)(a)]

1:35 pm - 1:40 pm
Step 18: 804(b)(2)[2(b)]: When are dying declarations admissible?

1:40 pm - 1:50 pm
Step 19: 804(b)(3)[2(c)]:  When do you have to redact statements against interest?

1:50 pm - 1:55 pm
Step 20: 804(b)(4)[2(d)]:  When is family history admissible?

1:55 pm - 2:00 pm
Step 21: 804(b)(6): Forfeiture by Wrongdoing

2:00 pm - 2:15 pm
Afternoon Break

2:15 pm - 2:25 pm
Step 22: Does the statement provide the Basis of an Expert Opinion

2:25 pm - 2:30 pm
Step 23: Is a hearsay statement within a hearsay statement admissible? Rule 805 

2:30 pm - 2:35 pm
Step 24: Can Hearsay Declarants be Impeached as any other Witness? 806

2:35 pm - 3:00 pm
Miscellaneous
Step 25: Has the Opponent Waived an Hearsay Objection? (Rule 103, 106, 612)
Step 26: Does the statement provide the Basis of an Expert Opinion
Step 27: Reliable Hearsay Admissible in Specified Proceedings subject to Due Process
Step 28: Hearsay in Juvenile Dispositional Hearings
Step 29: Hearsay not Strictly Applied in Miscellaneous Criminal Proceedings
Step 30: Administrative Proceedings
Step 31: If offered for truth and not within a Hearsay Exception, or Waiver, then Inadmissible Hearsay

3:00 pm - 4:00 pm
Professionalism and Civility:  Do not Misuse Hearsay in Closing Arguments

Syllabus


Education Credit

Creighton University School of Law is an accredited sponsor of continuing legal education in the states of Nebraska and Iowa. Credit is pending.

Refund Policy

Continuing education and professional development courses may be cancelled by the attendee in writing up to 7 days before the course begins for a full refund, less a $25 processing fee. No refund will be given 7 days prior to the course. Some courses are not eligible for a refund; these exceptions are noted in specific course descriptions. If a course is cancelled by the University for non-weather related issues, the student will be notified and a full refund will be processed. In the event of a weather related closure, the course will be rescheduled.

Register for Event

Date and Time

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Add to Calendar 20221216T080000Z 20221216T160000Z America/Chicago Mangrum All-Day Hearsay <p class="MsoNormal"><span class="x193iq5w">Nebraska and Federal Rules of Evidence on Hearsay and Confrontation presented by Yossem Professor Richard Collin Mangrum. This event is designed for lawyers and law students, and is provided by the Creighton University School of Law and the Creighton University Office on Continuing Education.</span><o:p></o:p></p> <h2>Designed&nbsp;For</h2> <p>Lawyers, law&nbsp;students</p> <h2>Provided&nbsp;By</h2> <ul> <li>Creighton University School of Law</li> <li>Creighton University Office of Continuing&nbsp;Education</li> </ul> <h3><a href="https://choose.creighton.edu/register/?id=9f70674f-d4a8-42b3-851e-f59dd25897d0" target="_blank">Register</a></h3> <p>Registration fee: $100</p> <h2>Richard Collin Mangrum, JD, BCL,&nbsp;SJD</h2> <p>Richard Collin Mangrum, JD, BCL, SJD, is the&nbsp;AA and Ethel Yossem Endowed Chair in Legal Ethics at the Creighton University School of&nbsp;Law.&nbsp;</p> <p>Professor Mangrum graduated Magna Cum laude from Harvard University in 1972.&nbsp; He then attended the University of Utah School of Law, where Professor Mangrum was associate editor of the Law Review, graduating with his J.D. in 1975.&nbsp; He was in private practice in Salt Lake City from 1975-1977; was Rotary International Foundation Fellow in 1977 to Oxford, England where he received his B.C.L. in 1978; he received his S.J.D from Harvard Law School in 1983.&nbsp; Professor Mangrum joined the Creighton law faculty in 1979. Professor became the AA and Ethel Yossem Endowed Chair holder in 2000.&nbsp; Professor Mangrum received the Robert Kennedy Memorial Award for the Outstanding University Professor for Creighton University in 2001.&nbsp; Professor Mangrum received the Outstanding Professor Award for Creighton Law School in 2006. He received a visiting scholar appointment to the University of Edinburgh in the fall of 1986. He has taught as a visiting professor at the University of Utah law School in 1985, 1996, 2004. 2006 and 2013. He was a visiting professor for Touro Law School at Hebrew University in Jerusalem for the summer of&nbsp;2008.<br /> <br /> He has written over thirty articles and three books. His book Zion in the Courts: A Legal History of The Church of Jesus Christ of Latter-Day Saints, 1830-1900 (1988) (University of Illinois Press) won the National Alpha Sigma Nu Book Award for 1989. His treatise, Mangrum on Nebraska Evidence (Thomsen Reuters, annual 2003-2019), serves as a primary source for practitioners and is frequently cited by the Nebraska courts on evidentiary issues. His treatise, Mangrum and Benson on Utah Evidence (Thomsen Reuters, annual 2004-2019) also serves as a primary source for Utah practitioners and is frequently cited by the courts in Utah. He regularly lectures to practitioners and the judiciary on evidentiary issues in Nebraska and Utah. He has successfully coached trial teams for the Texas Young Lawyers Trial Competition (TYLA) or National Trial Competition and the American Association of Justice (formerly ATLA) every year since 1989. He has also successfully coached teams for the ABA Arbitration Competition&nbsp;since&nbsp;2008.</p> <hr /> <h2>Schedule</h2> <p><strong>8:00 am - 9:00 am</strong><br /> Hearsay/Confrontation: Breaking Down Hearsay Problems<b style="mso-bidi-font-weight:normal"><span style="color:blue"> <o:p></o:p></span></b></p> <p class="MsoNormal"><strong>9:00 am - 10:00am</strong><br /> Nonhearsay by Statutory Definition</p> <p class="MsoNormal"><o:p></o:p></p> <div> <p class="MsoNormal"><strong>10:00 am - 10:15 am</strong><br /> Morning Break<o:p></o:p></p> <p class="MsoNormal"><strong>10:15 am - 10:45 am</strong><br /> Confrontation<o:p></o:p></p> <p><strong>10:45 am - 11:15 am</strong><br /> The Res Gestae Exceptions:&nbsp; 803(1-4)<o:p></o:p></p> <p><strong>11:15 am - 11:30 am</strong><br /> Rule 803(5)&nbsp; Step 8: Does the statement fall within Past Recollection Recorded<o:p></o:p></p> <p><strong>11:30 am - 12:00 pm</strong><br /> Step 9: The Records Exceptions: 803(6)-803(15)<br /> Step 10:&nbsp; 803(16): The Ancient Writing Rule<br /> Step 11: 803(17):&nbsp; Industry Standards<br /> Step 12: 803(18): Learned Treatise</p> <p class="MsoNormal"><b style="mso-bidi-font-weight:normal"><span style="color:#2603BD"><o:p></o:p></span></b></p> <p><strong>12:00 pm - 1:00 pm</strong><br /> Lunch</p> <p><strong>1:00 pm - 1:10 pm</strong><br /> Step 13: 803(19-21): Reputation Exceptions<o:p></o:p></p> <p><strong>1:10 pm - 1:20 pm</strong><br /> Step 14:&nbsp; 803(22-23): Judgment Exceptions:&nbsp; <o:p></o:p></p> <p><!--[if !supportLists]--><o:p></o:p></p> <p><!--[if !supportLists]--></p> <p><strong>1:20 pm - 1:25 pm</strong><br /> Step 15: Does the Residual Exception Apply? 807 [803(24)]<o:p></o:p></p> <p><strong>1:25 pm - 1:30 pm</strong><br /> Step 16:&nbsp; Is the witness “unavailable” for purposes of 804(a)[1] exception consideration?</p> <p><strong>1:30 pm - 1:35 pm</strong><br /> Step 17:&nbsp; When is former testimony admissible? 804(b)(1)[2)(a)]</p> <p><strong>1:35 pm - 1:40 pm</strong><br /> Step 18: 804(b)(2)[2(b)]: When are dying declarations admissible?</p> <p><strong>1:40 pm - 1:50 pm</strong><br /> Step 19: 804(b)(3)[2(c)]:&nbsp; When do you have to redact statements against interest?</p> <p><strong>1:50 pm - 1:55 pm</strong><br /> Step 20: 804(b)(4)[2(d)]: &nbsp;When is family history admissible?</p> <p><strong>1:55 pm - 2:00 pm</strong><br /> Step 21: 804(b)(6): Forfeiture by Wrongdoing<br /> <o:p></o:p></p> <p><!--[if !supportLists]--></p> <p><strong>2:00 pm - 2:15 pm</strong><br /> Afternoon Break<o:p></o:p></p> <p><strong>2:15 pm - 2:25 pm</strong><br /> Step 22: Does the statement provide the Basis of an Expert Opinion</p> <p><strong>2:25 pm - 2:30 pm</strong><br /> Step 23: Is a hearsay statement within a hearsay statement admissible? Rule 805&nbsp;</p> </div> <p><o:p></o:p></p> <p><strong>2:30 pm - 2:35 pm</strong><br /> Step 24: Can Hearsay Declarants be Impeached as any other Witness? 806<br /> <o:p></o:p></p> <p><strong>2:35 pm - 3:00 pm</strong><br /> Miscellaneous<br /> Step 25: Has the Opponent Waived an Hearsay Objection? (Rule 103, 106, 612)<br /> Step 26: Does the statement provide the Basis of an Expert Opinion<br /> Step 27: Reliable Hearsay Admissible in Specified Proceedings subject to Due Process<br /> Step 28: Hearsay in Juvenile Dispositional Hearings<br /> Step 29: Hearsay not Strictly Applied in Miscellaneous Criminal Proceedings<br /> Step 30: Administrative Proceedings<br /> Step 31: If offered for truth and not within a Hearsay Exception, or Waiver, then Inadmissible Hearsay<o:p></o:p></p> <p class="MsoNormal" style="text-indent:.5in"><o:p></o:p></p> <p class="MsoNormal" style="text-indent:.5in"><b><span style="color:#0000CC"><o:p></o:p></span></b></p> <p class="MsoNormal" style="text-indent:.5in"><b style="mso-bidi-font-weight: normal"><span style="color:blue"><o:p></o:p></span></b></p> <p><o:p></o:p></p> <p><strong>3:00 pm - 4:00 pm</strong><br /> Professionalism and Civility:&nbsp; Do not Misuse Hearsay in Closing Arguments</p> <p><o:p></o:p></p> <h3><strong><a href="https://www.creighton.edu/sites/default/files/2022-11/2022%20Syllabus%20for%20All%20Day%20Hearsay.pdf">Syllabus</a></strong></h3> <p><o:p></o:p></p> <p><o:p></o:p></p> <hr /> <h2>Education&nbsp;Credit</h2> <p>Creighton University School of Law is an accredited sponsor of continuing legal education in the states of Nebraska and Iowa. Credit is pending.</p> <h4>Refund&nbsp;Policy</h4> <p>Continuing education and professional development courses may be cancelled by the attendee in writing up to 7 days before the course begins for a full refund, less a $25 processing fee. No refund will be given 7 days prior to the course. Some courses are not eligible for a refund; these exceptions are noted in specific course descriptions. If a course is cancelled by the University for non-weather related issues, the student will be notified and a full refund will be processed. In the event of a weather related closure, the course will&nbsp;be&nbsp;rescheduled.</p> Creighton University- Ahmanson School of Law Building room 124 2133 Cass Street Omaha, Nebraska 68178

Location

Creighton University- Ahmanson School of Law Building room 124
2133 Cass Street
Omaha, Nebraska 68178