CA evidence Flashcards
subsequent remedial measures
CA rule does not apply in product liability. evidence of a remedial measure is allowed to prove the original design was defective because it is not based on negligence.
settlement offers
same as federal rule, but also applies to mediation
pay medical expenses
accompanying admissions of fact are admissible
withdrawn guilty plea
same as federal rule, but prop 8 might make it admissible. discuss & raise possibility of excluding for unfair prejudice
expressions of sympathy
sympathy relating to pain, suffering, or death of an accident victim are inadmissible.
Accompanying statements of fault are admissible
character evidence in civil sexual assault or child molestation case
no exception as in the FRE, so it is not allowed.
character evidence- defendant
on cross examination, the prosecution can’t use specific instances. also cannot use specific instances on direct.
prosecution’s response to D’s evidence that victim has a character trait
limited to violent disposition. can only offer evidence that D has the same violent disposition. any other character trait of V, the prosecution cannot show D shares it.
character evidence of D’s prior child molestation acts or sexual assaults- crim
admissible.
crim case based on elder abuse or domestic violence
prosecution can offer evidence that defendant committed other acts of domestic violence or elder abuse.
victim’s character to prove conduct
inadmissible unless D opens the door by offering evidence of V’s bad character.
specific instances, opinion testimony, and reputation testimony are admissible both on direct and cross.
criminal case to prove victim’s peaceful character in rebuttal to D’s self defense claim in a homicide case
not allowed in CA, but is in federal rules
victim’s character in sexual assault case
D cannot offer any evidence of victim’s conduct or unless with him, or victim’s manner of dress.
if the prosecution raises victim’s character, defendant can rebut on cross-examination
self-authenticating documents
basically same as federal, just not trade inscriptions and business records. proponent must still authenticate those.
lay opinion
same as federal rule but no requirement that lay opinion not be based on scientific, technical, or other specialized knowledge.
prior inconsistent statement
to be admitted as substantive proof, need not be under oath whereas FRE does require
impeachment based on opinion and reputation testimony for truthfulness
always admissible, like in FRE
clergy penitent
penitential communications made to a cleric who routinely receives these types of communications, and whose religion requires them to be kept secret.
both penitent and cleric hold privilege
government privileges
federal or state statute forbidding disclosure, privileged.
if no statute, official information is privileged only if judge decides the public interest in keeping it confidential outweighs the need for disclosure
hearsay and prop 8
hearsay is exempt from prop 8
prior statement of identification
- exception rather than exemption.
- witness must make identification while memory is fresh.
- witness must confirm in court that she made the identification and that it truly reflected her opinion at the time.
statement describing infliction or threat of injury
unavailable declarant
describes, narrates, or explains infliction or threat
-must be made at or near time of threat or infliction
-must be made under circumstances indicating trustworthiness
-must be in writing, recorded, or made to a law enforcement officer or medical personnel
spontaneous statement
same as excited utterance under FRE
