California Evidence

Question 1

Proposition 8

Answer 1

In criminal trials, all relevant evidence is admissible. BUT there are many exceptions

Question 2

Exceptions to Prop 8 (9)

Answer 2

(1) U.S. Const. exclusionary rules
(2) post-1982 exclusionary rules w/ 2/3 vote of Cal. Legis.
(3) pre-1982 privilege rules
(4) prohibition on holding media in contempt
(5) hearsay
(6) CEC 352 (FRE 403 balancing)
(7) rape shield statutes
(8) secondary evidence rule (best evidence rule)
(9) prohibition on prosecutor offering evidence of D or V character before door is opened

Question 3

Definition of relevance

Answer 3

Tends to make the existence of a DISPUTED fact more or less probable than it would be without the evidence

Question 4

Subsequent remedial measures

Answer 4

Same as federal rule, except admissible to prove defective design in products liability cases

Question 5

Offers to pay medical expenses

Answer 5

Accompanying statements of fact are ALSO inadmissible

Question 6

Expressions of sympathy

Answer 6

Inadmissible in civil cases, but statements of fault are admissible

Question 7

Hospital-related records inadmissible in civil cases (2)

Answer 7

(1) morbidity/mortality studies

(2) records of hospital quality/care committees

Question 8

Rebutting evidence of victim’s bad character

Answer 8

Only allowed if regarding the trait of violence

Question 9

Prior bad acts

Answer 9

History of sexual assault, child molestation, DOMESTIC VIOLENCE, and ELDER ABUSE allowed in those cases

Question 10

Evidence of victim’s prior sexual conduct

Answer 10

Only allowed if the prior sexual conduct is w D

Question 11

Years required for ancient documents

Answer 11

30 (as opposed to 20 under FRE)

Question 12

Name for best evidence rule

Answer 12

Secondary evidence rule

Question 13

Requisite capacities for competent witness

Answer 13

Capacity to observe, recollect, communicate, swear/affirm to tell truth, and UNDERSTAND DUTY TO TELL TRUTH

Question 14

Determining reliability of witness testimony

Answer 14

Kelly-Frye test: based on scientific principles that are generally accepted in the relevant scientific field

Question 15

Eavesdroppers

Answer 15

Cal law allows holder of privilege to stop eavesdropper testimony

Question 16

Life of attorney-client privilege

Answer 16

Ceases to apply when deceased client’s estate has been fully distributed and personal representative has been discharged

Question 17

Corporate attorney-client privilege applies (2)

Answer 17

(1) employee is natural person to speak on the matter

(2) employee did something for which corp may be held liable + instructed to tell lawyer

Question 18

Exceptions to physician privilege (3)

Answer 18

(1) criminal cases
(2) required reporting
(3) commitment, competency, or drivers license-related proceedings

Question 19

Exceptions to psychotherapist privilege (3)

Answer 19

(1) danger to himself or others and disclosure is necessary to end danger
(2) court-appointed therapists
(3) patient under age 16, and reason to believe child is victim of crime and disclosure is in child’s interests

Question 20

Spousal immunity

Answer 20

Unlike under federal law, spousal immunity also applies in civil proceedings

Question 21

Prior inconsistent statement

Answer 21

Admissible as impeachment and as substantive evidence in all cases (doesn’t require oath)

Question 22

Prior ID (2)

Answer 22

Exception to hearsay rule where (1) witness made ID while memory of event was fresh; (2) witness confirms in court that she made prior ID and it truly reflected her opinion at the time

Question 23

Non-hearsay party admissions (4)

Answer 23

(1) Party admission (opponent’s statement)
(2) Adoptive admissions
(3) Vicarious admissions (authorized spokesperson)
(4) Co-conspirator admissions
NO AGENT/EMPLOYEE ADMISSIONS FOR CEC

Question 24

Statement against interest

Answer 24

Admissible against unavailable declarant if made against pecuniary, penal, or SOCIAL interest of declarant

Question 25

Dying declaration (2)

Answer 25

Admissible in any case as long as:

(1) Declarant dead
(2) Statement concerns what killed him

Question 26

Unique hearsay exceptions for unavailable declarants (2)

Answer 26

(1) past physical condition or state of mind where an issue in the case
(2) statement describing infliction or threat of physical injury (if (a) made at or near time, (b) under circumstances indicating trustworthiness, (c) in writing, recorded, or made to law enforcement/medical personnel.)

Question 27

Name for excited utterance

Answer 27

Spontaneous statement

Question 28

Present sense impression

Answer 28

Statement by declarant explaining conduct made while declarant was engaged in that conduct.

Question 29

Present state of mind / physical or mental conditions distinction

Answer 29

Cam be excluded by trial judge in discretion if statements made under suspicious circumstances

Question 30

Past physical/mental condition

Answer 30

Only admissible if made by child-abuse or child-neglect victim under age 12 to medical personnel for purposes of medical diagnosis or treatment. (Unlike FRE where admissible more broadly if made for purpose of medical diagnosis or treatment)

Question 31

Public records

Answer 31

CEC broader because (1) allows police observations in criminal cases and (2) gov’t can use factual findings resulting from law enforcement in its own cases.

Question 32

Finding preliminary facts

Answer 32

Judges bound by rules of evidence