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california supplement to bar exam > California Evidence > Flashcards

California Evidence Flashcards

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1
Q

Proposition 8 - Truth in Evidence (California)

A
  • Broadens Evidence Admissibility: It allows for broader admissibility of evidence in criminal cases, reducing the restrictions imposed by the California Evidence Code, as long as such evidence is not excluded under the U.S. Constitution.
  • Impact on Witness Credibility and Impeachment: It impacts witness credibility and impeachment indirectly, as it allows more evidence to be admitted which could affect how a witness’s testimony is viewed.
  • Not Applicable to Civil Cases: It specifically applies to criminal proceedings, not civil.

CA Const. - California Constitution

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2
Q

Exclusion in Error (California)

A

Preserving on the record, the judge’s ruling on evidence for appeal. Example: CEC 352, 353.

Example: CEC - California Evidence Code

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3
Q

DELETE Preliminary Facts (California)

A

Judge determines foundational matters by a preponderance of the evidence. Example: CEC 405.

Example: CEC - California Evidence Code

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4
Q

Conditional Admissibility (California)

A

Sufficient evidence for a reasonable factfinder to find the fact true. Example: CEC 403.

Example: CEC - California Evidence Code

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5
Q

Rule of Completeness (California)

A

Adverse party may require introduction of any other part of a statement for fairness. Example: CEC 356.

Example: CEC - California Evidence Code

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6
Q

Presumptions (California)

A

Shortcuts to prove a point. Two kinds: Thayer (burden of producing evidence) and Morgan (burden of persuasion). Example: CEC 600-660.

Example: CEC - California Evidence Code

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7
Q

DELETE Judicial Notice (California)

A

Court MUST take judicial notice of universally known information and legislative facts. Example: CEC 451-453.

Example: CEC - California Evidence Code

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8
Q

Proposition 8 and Relevance (California)

A

All relevant evidence admissible in criminal cases, with exceptions. Example: CA Const. Art. I, § 28(f)(2).

Example: CA Const. - California Constitution

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9
Q

Subsequent Remedial Measures (California)

A

Inadmissible to prove negligence, except in strict products liability cases. Example: CEC 1151.

Example: CEC - California Evidence Code

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10
Q

DELETE Settlement Offers (California)

A

Exclude offers and statements in settlement negotiations to prove liability. Example: CEC 1152, 1154.

Example: CEC - California Evidence Code

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11
Q

Offers to Pay Medical Expenses (California)

A

Inadmissible when offered to prove liability. Example: CEC 1160.

Example: CEC - California Evidence Code

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12
Q

Plea Negotiations (California)

A

Inadmissible in civil or criminal cases if plea agreement is not reached. Example: CEC 1153.

Example: CEC - California Evidence Code

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13
Q

Expressions of Sympathy (California)

A

Inadmissible in civil cases, except statements of fault. Example: CEC 1160.

Example: CEC - California Evidence Code

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14
Q

Mediation Provisions (California)

A

Inadmissible evidence of statements made in the course of mediations. Example: CEC 1115-1128.

Example: CEC - California Evidence Code

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15
Q

Character Evidence (California)

A

Used to prove disposition; generally inadmissible in civil cases unless essential. Example: CEC 1101-1105.

Example: CEC - California Evidence Code

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16
Q

Victim’s Character (California)

A

Defense can introduce, prosecution can rebut. Example: CEC 1103.

Example: CEC - California Evidence Code

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17
Q

Adoptive Admissions (California)

A

Statement adopted by party’s conduct or silence. Example: CEC 1221.

Example: CEC - California Evidence Code

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18
Q

Authorized Admissions (California)

A

Statements made by a person authorized by the party. Example: CEC 1222.

Example: CEC - California Evidence Code

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19
Q

Vicarious Admissions (California)

A

Statements made by party’s agent or employee during employment. Example: CEC 1224.

Example: CEC - California Evidence Code

20
Q

Prior Inconsistent Statements (California)

A

Admissible to impeach and prove truth if inconsistent with testimony. Example: CEC 1235.

Example: CEC - California Evidence Code

21
Q

Prior Consistent Statements (California)

A

Admissible to rebut charge of recent fabrication or motive. Example: CEC 1236.

Example: CEC - California Evidence Code

22
Q

DELETE Statements of Identification (California)

A

Admissible if identifying person after perceiving them. Example: CEC 1238.

Example: CEC - California Evidence Code

23
Q

Learned Treatises (California)

A

Narrowly admitted in CA for science or art, not medicine. Example: CEC

Example: CEC - California Evidence Code

24
Q

DELETE Business Records (California)

A

Admissible if made at or near the time by a person with knowledge, kept in the regular course of business.

Example: CEC 1271.

25
Q

Public Records (California)

A

Excludes records of matters observed by law enforcement in criminal cases.

Example: CEC 1280.

26
Q

Learned Treatises (California)

A

Admissible to prove anything if established as a reliable authority.

Example: CEC 1341.

27
Q

Dying Declaration (California)

A

Declarant need not be dead, and admissible in civil and homicide cases.

Example: CEC 1242.

28
Q

Declaration Against Interest (California)

A

Includes statements against penal, proprietary, or pecuniary interest, with corroboration required if offered to exculpate the accused.

Example: CEC 1230.

29
Q

Authentication (California)

A

Evidence must be authenticated to be admitted.

Example: CEC 1400-1454.

30
Q

Privileges (California)

A

Attorney-client, spousal, psychotherapist-patient, clergy-penitent, etc.

Example: CEC 900-1070.

31
Q

Expert Opinion (California)

A

Based on reliable principles and helpful to trier of fact.

Example: CEC 720.

32
Q

Lay Opinion (California)

A

Rationally based on perception and helpful to understanding testimony.

Example: CEC 800.

33
Q

Impeachment (California)

A

Methods include contradiction, prior inconsistent statement, bias, interest, motive.

Example: CEC 785.

34
Q

Prior Convictions for Impeachment (California)

A

Felonies involving moral turpitude are admissible.

Example: CEC 788.

35
Q

Refreshing Recollection (California)

A

Use of writings to refresh witness memory.

Example: CEC 771.

36
Q

Past Recollection Recorded (California)

A

Admissible if the record was made or adopted by the witness when the matter was fresh in the witness’s memory and accurately reflects the witness’s knowledge.

Example: CEC 1237.

37
Q

Unavailable Declarant Definition (California)

A

Includes declarant’s memory failing.

Example: CEC 240.

38
Q

Present Sense Impression vs. Contemporaneous Statement (California)

A

Present sense impression describes or explains an event or condition made while or immediately after perceiving it.

Example: CEC 1241.

39
Q

Excited Utterance vs. Spontaneous Statement (California)

A

Statement related to a startling event made while under stress of excitement.

Example: CEC 1240.

40
Q

Learned Treatises (California)

A

FRE: Admissible to prove anything if established as a reliable authority. CEC: Limited to books on science or art, published maps, charts, not including medical treatises. Example: CEC 1341.

Example sentence: CEC 1341.

41
Q

Spontaneous Statement (California)

A

FRE: Referred to as excited utterance. CEC: Broader application to narrate, describe, or explain perceived events while under stress. Example: CEC 1240.

Example sentence: CEC 1240.

42
Q

Prior Consistent Statements (California)

A

FRE: Admissible if made before the alleged influence, or motive to fabricate. CEC: Admissible to rebut an express or implied charge of recent fabrication or improper influence or motive. Example: CEC 1236.

Example sentence: CEC 1236.

43
Q

Prior Statements of Identification (California)

A

FRE: Admissible if declarant testifies and is subject to cross-examination. CEC: Admissible if fresh in witness’s memory and testifies that the identification was a true reflection of opinion at that time. Example: CEC 1238.

Example sentence: CEC 1238.

44
Q

Admission by Party Opponent (California)

A

FRE: Considered non-hearsay. CEC: Treated as hearsay exception. Example: CEC 1220.

Example sentence: CEC 1220.

45
Q

Co-Conspirator Statements (California)

A

FRE: Admissible if made during and in furtherance of conspiracy. CEC: Admissible under the same conditions but more scrutiny on the declarant’s availability and trustworthiness. Example: CEC 1223.

Example sentence: CEC 1223.

california supplement to bar exam (8 decks)

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