CA Evidence Distinctions Flashcards
Prop 8
Proposition 8 is part of the California Constitution and applies to California criminal cases. Under Proposition 8, all relevant evidence must not be excluded in any criminal proceedings. However, this rule is subject to some exemptions, including the rule for logical relevance, privileges under the CEC, and hearsay exceptions. (403 balancing still applies)
Subsequent Remedial Measures
CA allows evidence of subsequent remedial measures in products liability
Offers to Pay Medical Expenses
CA bars admissions of fact
Character Evidence in Sexual Assault Cases
CA provides no civil case character evidence exception for sexual assault/child molestation
Specific acts on cross-examination
Not allowed in criminal trials
Can lay opinion be based on scientific, technical, or other specialized knowledge?
Yes
Kelley-Frye Test
Reliability of expert opinion needs to be based on scientific principles that are generally accepted in the relevant scientific field
Prior inconsistent statement
Admissible for impeachment and to prove the truth
Can you use felonies of moral turpitude to impeach in civil and criminal cases?
Yes
Can you use misdemeanors of moral turpitude in civil and criminal cases?
No. Only for use in criminal cases.
Specific bad acts of moral turpitude are admissible how/when?
As extrinsic evidence and at cross-examination in criminal cases via. Prop 8.
Attorney-client privilege exception
To prevent death or substantial bodily harm.
Spousal immunity in civil cases?
Yes
Vicarious admission?
No unless respondeat superior case where employee’s statement and case is regarding employee’s negligent conduct.
Additional hearsay exception 1: Mental
Statement of past physical or mental condition (including statement of intention) to prove that condition is at issue in the case
