CA Evidence

Question 1

True or False: A defendant’s past sexual misconduct is admissible in a civil case arising from sexual misconduct.

Answer 1

False

Question 2

What type of evidence can be used to attack a victim’s character in CA?

Answer 2

Opinion, reputation, and specific acts

Question 3

If a defendant claims self-defense in a murder trial, when may the prosecution offer evidence regarding the victim’s good character under the Federal Rules of Evidence (FRE) and California Evidence Code (CEC)?

Answer 3

The prosecution may offer evidence of the victim’s good character under the FRE, but not the CEC

Question 4

True or False: In a civil case, the jury must accept a judicially noticed fact.

Answer 4

True

Question 5

Dying Declaration

Answer 5

A statement qualifies as a “dying declaration” if: (i) the declarant believes that her death is imminent; and (ii) the statement pertains to the cause or circumstances of her death. Under this exception, the declarant must be unavailable, but does not have to be dead. The dying declaration exception applies only in homicide prosecutions and civil cases.

Question 6

Opposing Party’s Statement

Answer 6

A statement made by a party to the current litigation is not hearsay if an opposing party offers it

Question 7

Statement Against Interest

Answer 7

A statement made by a declarant who is unavailable to testify is not excluded as hearsay if the statement: (i) was against the declarant’s interest at the time it was made; and (ii) would not have been made by a reasonable person unless he believed it to be true.