CA Evidence

Question 1

CA Prop 8

Answer 1

CA Prop 8 stipulates that in criminal trials, all relevant evidence that passes 352 balancing is admissible, despite violation of the CEC rules. Prop 8 will not trump a violation of hearsay, secondary evidence, spousal and marital privilege, rape shield, defendant opens the door rule.

Question 2

How do you determine relevancy in CA?

Answer 2

Logical relevance: Evidence is logically relevant if it has any tendency to prove or disprove a DISPUTED material fact.

Legal relevance: Same as FRE

Question 3

CA Impeachment with a prior inconsistent statement

Answer 3

Prior inconsistent statement can ALWAYS BE USED FOR BOTH IMPEACHMENT and SUBSTANTIVE PURPOSES, regardless if it was made under oath

Question 4

BER

Answer 4

CA: Same rule as FRE Party must admit original when contents at issue, duplicate may be used

CA expands duplicate to include carbon copies and handwritten note

Question 5

Testifying witness: Opinion

Answer 5

FRE: Lay opinion is admissible if 1. Rationally based on W perception, 2. Helpful to jury, 3. Not based on scientific, technical or specialized knowledge

CA REMOVES THIRD ELEMENT. Lay person CAN opine based on scientific, technical or specialized knowledge.

Question 6

Subsequent Remedial Measures CA distinction

Answer 6

If subsequent remedial measures are made with regards to a products liability case, the evidence will not be barred by this rule.

Question 7

Expression of sympathy

Answer 7

Expressions of pain, suffering or death of an accident victim are inadmissible in civil case.

Question 8

Statement Against Interest

Answer 8

Statement falls within statement against interest exception if
1. Declarant unavailable
2. Statement against declarants penal, financial, AND SOCIAL INTEREST when it was made

Question 9

Dying Declaration

Answer 9

1. Declarant DIED (Unlike FRE)
2. Declarant believed death was imminent
3. Statement concerns causes of deatth