CA Overview + Relevance

Question 1

When to apply CA evidence law?

Answer 1

MBE: Apply federal rules

Essays: follow directions (if none, apply federal rules, but if directions say you’re in CA Superior Court, or straight up says apply CA rules (the California Evidence Code (CEC)), then do that)

Extra Twist: in case arising in Fed Ct under DIVERSITY jurisdiction, apply the state CA evidence law about ONLY
- privileges,
- witness competency, and
- presumptions

If criminal case and applying CA law, remember the “Truth in Evidence” amendment to the CA Constitution (Prop 8)
- In CA crim cases, all relevant evidence is admissible

Question 2

CA Crim Cases “Truth in Evidence” Amendment to CA Constitution (aka Victims Bill of Rights)

Answer 2

If criminal case and applying CA law, remember the “Truth in Evidence” amendment to the CA Constitution (Prop 8)
- In CA crim cases, all relevant evidence is admissible

EXCEPTIONS:
1) Exclusionary rules under the US constitution, such as the Confrontation clause
2) Hearsay law
3) Privilege law
4) Limits on character evidence to prove D’s conduct or V’s conduct
5) Evidence barred by CA’s rape shield statute
6) Secondary evidence rule (CA’s version of best evidence rule)
7) CEC 352 (CA’s version of FRE 403 relevance balancing - the court’s power to exclude evidence if its probative value is substantially outweighed by the danger of unfair prejudice)

Question 3

Approach to CA Evidence Law Problems

Answer 3

1) Raise all objections under the CEC

2) For each objection, if it’s a criminal case, mention if the Truth in Evidence Prop 8 rule overrules the objection.

3) If the evidence seems admissible under prop 8, balance unfair prejudice vs. probative value under CEC 352

Question 4

Relevance Definition Difference

Answer 4

Both CA and FRE: Evidence is relevant if it has any tendency to make the existence of a fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.

In CA, the fact of consequence must also be IN DISPUTE.

Question 5

Excluding Relevant Evidence via CEC 352 (Equivalent to FRE 403 Balancing Test)

Answer 5

Both CA and FRE: Even if evidence is relevant, the judge has discretion to exclude it if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, misleading the jury, waste of time, undue delay, or needless presentation of cumulative evidence.

FRE 403
CEC 352