Okay, if a question asks “How would lawyer X use these documents” you would expect to answer as to the permissible uses of certain documents at trial, right? Like dealing with hearsay and other issues of admissibility with respect to the actual contents of the documents. Well, the Maryland Bar examiners don’t want to know how you would ‘use’ the documents, but the correct answer (according to them) to this question is: facsimilies are admissible and all of the documents are admissible even if they are reproductions and copies of originals. However, there may be limitations on their use due to hearsay and other limitations.
HUH? Am I an idiot? Does this make sense that that would be what they want to make sure we know. Hey, can you use copies???
Anyway, I’m doing these practice questions and I’ve come to a realization. This test might be easier for me because I am an actual litigation attorney, meaning I’ve used these rules in my real life practice. I suppose if you come from a background of doing securities or transactional work, or real estate or some other sort of stuff, you don’t deal with these same types of issues (statutes of limitations, jurisdiction, evidence). But I’ve answered two questions (for which the total time was about an hour and a half) in 45 minutes so I figured I must be leaving stuff out.
Nope, I am a natural born genius. I just wanted to write that so when I fail I can look at that sentence and weep.
