TTTBE #78: Early Answer for Patrons (Patreon)

This was a very difficult evidence question that called into question your knowledge of Rule 803(18) of the Federal Rules of Evidence -- the exhaustive list of exceptions to the rule against hearsay.

Thomas analyzed this question exactly correctly:  from a practical perspective, the court isn't going to allow a jury to read an entire treatise on milling practices before coming up with their verdict.  That (correctly) eliminates both "C" and "D" answers.

However, Thomas guessed incorrectly in picking "B" -- as the text of Rule 803(18) says, a section from a learned treatise can be admissible if the expert relies on it or if the treatise is "called to the attention of an expert witness."  Accordingly, the best answer is "A."

I will point out that several real-life lawyers got this question wrong online, so if you went with Thomas, you're in good company.

Thomas is now 42-for-78 (53.8%), and on a two-question losing streak.