CA Evidence Distinctions

Question 1

When are subsequent remedial measures barred in CA

Answer 1

if negligence (fed rule is if strict liability or negligence)

Question 2

CA rule for statements made in mediation for civil case

Answer 2

inadmissible if made for purposes of mediation

Question 3

CA rule for admissions of fact made with offer to pay medical expenses

Answer 3

inadmissible (fed rule is that they are admissible)

Question 4

are statements made during plea discussions (crim case) admissible in CA ?

Answer 4

Prop 8 might make them admissible but the law is unclear (I just need to say this in an essay. How stupid is that)

Question 5

Expressions of sympathy in civil case in CA

Answer 5

inadmissible, but accompanying statements of fact are admissible

Question 6

Evidence of immigration status barred in CA in what actions?

Answer 6

personal injury and wrongful death

Question 7

Evidence of immigration status if not expressly barred by the action

Answer 7

subject to judge in camera meeting to determine admissibility

Question 8

Ca rule for records / documents relating to hospital quality / mortality rate

Answer 8

inadmissible in civil cases

Question 9

CA when is status as prostitute inadmissible

Answer 9

when the status was at or around the same time the witness or victim was a witness or victim of another crime

Question 10

Does CA recognize exception in civil case allowing evidence of prior sexual assaults or child molestation

Answer 10

No.

Question 11

when can prosecution in criminal case initiate introduction of defendant’s bad character to prove conduct?

Answer 11

(1) in prosecution for child molestation or sexual assault, may offer E of prior acts of child molestation or sexual assaults

(2) in prosecution for domestic violence or elder abuse, may off E of prior acts of domestic violence or elder abuse

(3) when D has introduced E of the victim’s bad character, prosecution may offer E of the Defendant’s bad character for the same trait

(4) if D has offered E of victim’s character for violence, prosecution may offer evidence of D’s violent character

Question 12

In CA, are specific acts allowed to prove a victim’s character?

Answer 12

yes, on direct and cross examination by D (and then prosecution once door has been opened)

Question 13

CA rule for admission of sexual assault victim’s past behavior

Answer 13

inadmissible, unless victim’s sexual conduct was with the defendant

*federal rule is that this info is generally inadmissible

Question 14

CA witness competency

Answer 14

personal knowledge + oath + (CA specific) they must understand their legal duty to tell the truth

Question 15

CA witness who has undergone hypnosis

Answer 15

only competent to testify to matters they recalled prior to hypnosis

Question 16

CA refreshing recollection - if done during trial or before trial, what happens if opponent asks for the writing to be produced?

Answer 16

they must produce it (unless they don’t have it any more)

Question 17

CA standard for reliability of expert witness’ opinions

Answer 17

reliability of scientific opinion : the opinion must be based on principles that are generally accepted by experts in the field

reliability of other expert opinions: based on facts and circumstances of each case

Question 18

CA learned treatise hearsay exception

Answer 18

only applies to facts of general notoriety or interest

Question 19

Bolstering CA

Answer 19

civil case: not allowed
Criminal case: both prosecutor or defense may bolster a witnesses credibility before it has been attacked

Question 20

CA impeachment with felony convictions

Answer 20

all felonies involving moral turpitude are admissible, but court may choose to exclude if too prejudicial

Civil case : only by the facts that they have been convicted
Criminal case: by the facts and circumstances underlying the conviction too

Question 21

CA misdemeanor convictions and impeachment

Answer 21

maybe allowed in crim cases (Prop 8 and moral turpitude)
Not allowed in civil cases

Question 22

CA when is a witness unavailable due to lack of memory of event?

Answer 22

only if suffering from total memory loss

Question 23

Statements against interest CA

Answer 23

Statements made against the declarant’s ____________ interest
shared with federal : pecuniary, proprietary, penal
Ca specific: social

Question 24

Dying declaration CA

Answer 24

applies in all crim and all civil (fed only applies in civil and homicide cases)

declarant must have actually died (lol)

Question 25

CA specific hearsay exceptions requiring unavailability of declarant

Answer 25

(1) statements describing the infliction or threat of physical injury (must be in writing, recorded, or made to police or medical professional)

(2) statements of past physical or emotional condition or state of mind, when at issue in the case

Question 26

CA present sense impression

Answer 26

only applies when the statement explains the declarants own conduct

Question 27

What is an excited utterance called in CA?

Answer 27

spontaneous statement; the rule is exactly the same

Question 28

CA statements made for purposes of medical diagnosis or treatment

Answer 28

applies only to (1) minor at the time of proceedings and (2) statement described an act or attempted act of child abuse or neglect

Question 29

CA business records limitation

Answer 29

does not apply to opinions or diagnoses

Question 30

CA foundation for business records

Answer 30

qualified witness must testify ; written certification is not sufficient

Question 31

Public records exception CA

Answer 31

broader than Fed rule.
Requires :
(1) making the record was [art of a public employee’s duties
(2) record was made at or near time of the matters described;
(3) source of information and time of prep indicate trustworthiness

Question 32

does CA have a catch-all evidence rule?

Answer 32

no. Fed law does, CA does not

Question 33

Ancient document self-authenticating if sufficiently old and kept in a place where such a writing is supposed to be kept.
How old must an ancient doc be? Fed vs CA

Answer 33

Fed: 20 years
CA: 30 years

Question 34

What is best evidence rule called in CA?

Answer 34

secondary evidence rule

Question 35

CA confidential relationship presumption

Answer 35

all communications between persons in a privileged relationship presumed to be made in confidence

Question 36

When does attorney client privilege end CA?

Answer 36

estate of deceased client distributed and the executor of estate is discharged

Question 37

when may atty break atty client privilege CA?

Answer 37

when they believe that disclosure is necessary to prevent a crime that is likely to result in death or substantial bodily harm

Question 38

CA does physician patient or psychotherapist patient privilege exist?

Answer 38

yes

Question 39

CA when does psychotherapist patient privilege NOT apply?

Answer 39

(1) patient is a danger to themselves or others and disclosure is necessary to end the danger
(2) patient under 16 and therapist believes they have been victim of a crime and disclosure is in the best interest of the child; or
(3) the psychotherapist has been appointed by the court

*** not applicable to criminal cases, info they are required by law to report, or in competency proceedings

Question 40

Spousal testimonial privilege fed vs. CA

Answer 40

Fed: applies only to criminal
CA: applies to crim and civil, extends to registered domestic partners

Question 41

Other misc CA specific privileges

Answer 41

domestic violence counselor
penitential communications
government informant
trade secrets
voter’s secret ballot
news reporter’s sources

Question 42

Judges admissibility determination Fed v. CA

Answer 42

Fed: not bound by rules of evidence
CA: bound by rules of evidence

Question 43

Judicial notice CA

Answer 43

judge MUST take notice of matters of generalized knowledge that are universally known

Judicial notice is conclusive in both criminal and civil cases (Fed only conclusive in civil)