California Evidence Flashcards
Proposition 8 - Truth in Evidence (California)
- 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
Exclusion in Error (California)
Preserving on the record, the judge’s ruling on evidence for appeal. Example: CEC 352, 353.
Example: CEC - California Evidence Code
DELETE Preliminary Facts (California)
Judge determines foundational matters by a preponderance of the evidence. Example: CEC 405.
Example: CEC - California Evidence Code
Conditional Admissibility (California)
Sufficient evidence for a reasonable factfinder to find the fact true. Example: CEC 403.
Example: CEC - California Evidence Code
Rule of Completeness (California)
Adverse party may require introduction of any other part of a statement for fairness. Example: CEC 356.
Example: CEC - California Evidence Code
Presumptions (California)
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
DELETE Judicial Notice (California)
Court MUST take judicial notice of universally known information and legislative facts. Example: CEC 451-453.
Example: CEC - California Evidence Code
Proposition 8 and Relevance (California)
All relevant evidence admissible in criminal cases, with exceptions. Example: CA Const. Art. I, § 28(f)(2).
Example: CA Const. - California Constitution
Subsequent Remedial Measures (California)
Inadmissible to prove negligence, except in strict products liability cases. Example: CEC 1151.
Example: CEC - California Evidence Code
DELETE Settlement Offers (California)
Exclude offers and statements in settlement negotiations to prove liability. Example: CEC 1152, 1154.
Example: CEC - California Evidence Code
Offers to Pay Medical Expenses (California)
Inadmissible when offered to prove liability. Example: CEC 1160.
Example: CEC - California Evidence Code
Plea Negotiations (California)
Inadmissible in civil or criminal cases if plea agreement is not reached. Example: CEC 1153.
Example: CEC - California Evidence Code
Expressions of Sympathy (California)
Inadmissible in civil cases, except statements of fault. Example: CEC 1160.
Example: CEC - California Evidence Code
Mediation Provisions (California)
Inadmissible evidence of statements made in the course of mediations. Example: CEC 1115-1128.
Example: CEC - California Evidence Code
Character Evidence (California)
Used to prove disposition; generally inadmissible in civil cases unless essential. Example: CEC 1101-1105.
Example: CEC - California Evidence Code
Victim’s Character (California)
Defense can introduce, prosecution can rebut. Example: CEC 1103.
Example: CEC - California Evidence Code
Adoptive Admissions (California)
Statement adopted by party’s conduct or silence. Example: CEC 1221.
Example: CEC - California Evidence Code
Authorized Admissions (California)
Statements made by a person authorized by the party. Example: CEC 1222.
Example: CEC - California Evidence Code
Vicarious Admissions (California)
Statements made by party’s agent or employee during employment. Example: CEC 1224.
Example: CEC - California Evidence Code
Prior Inconsistent Statements (California)
Admissible to impeach and prove truth if inconsistent with testimony. Example: CEC 1235.
Example: CEC - California Evidence Code
Prior Consistent Statements (California)
Admissible to rebut charge of recent fabrication or motive. Example: CEC 1236.
Example: CEC - California Evidence Code
DELETE Statements of Identification (California)
Admissible if identifying person after perceiving them. Example: CEC 1238.
Example: CEC - California Evidence Code
Learned Treatises (California)
Narrowly admitted in CA for science or art, not medicine. Example: CEC
Example: CEC - California Evidence Code
DELETE Business Records (California)
Admissible if made at or near the time by a person with knowledge, kept in the regular course of business.
Example: CEC 1271.
Public Records (California)
Excludes records of matters observed by law enforcement in criminal cases.
Example: CEC 1280.
Learned Treatises (California)
Admissible to prove anything if established as a reliable authority.
Example: CEC 1341.
Dying Declaration (California)
Declarant need not be dead, and admissible in civil and homicide cases.
Example: CEC 1242.
Declaration Against Interest (California)
Includes statements against penal, proprietary, or pecuniary interest, with corroboration required if offered to exculpate the accused.
Example: CEC 1230.
Authentication (California)
Evidence must be authenticated to be admitted.
Example: CEC 1400-1454.
Privileges (California)
Attorney-client, spousal, psychotherapist-patient, clergy-penitent, etc.
Example: CEC 900-1070.
Expert Opinion (California)
Based on reliable principles and helpful to trier of fact.
Example: CEC 720.
Lay Opinion (California)
Rationally based on perception and helpful to understanding testimony.
Example: CEC 800.
Impeachment (California)
Methods include contradiction, prior inconsistent statement, bias, interest, motive.
Example: CEC 785.
Prior Convictions for Impeachment (California)
Felonies involving moral turpitude are admissible.
Example: CEC 788.
Refreshing Recollection (California)
Use of writings to refresh witness memory.
Example: CEC 771.
Past Recollection Recorded (California)
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.
Unavailable Declarant Definition (California)
Includes declarant’s memory failing.
Example: CEC 240.
Present Sense Impression vs. Contemporaneous Statement (California)
Present sense impression describes or explains an event or condition made while or immediately after perceiving it.
Example: CEC 1241.
Excited Utterance vs. Spontaneous Statement (California)
Statement related to a startling event made while under stress of excitement.
Example: CEC 1240.
Learned Treatises (California)
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.
Spontaneous Statement (California)
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.
Prior Consistent Statements (California)
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.
Prior Statements of Identification (California)
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.
Admission by Party Opponent (California)
FRE: Considered non-hearsay. CEC: Treated as hearsay exception. Example: CEC 1220.
Example sentence: CEC 1220.
Co-Conspirator Statements (California)
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.
