California Evidence

Question 1

Logical Relevance (CA)

Answer 1

Fact of consequence must be in dispute

Question 2

Legal Relevance

Answer 2

Even relevant evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of issues, misleading of jury, undue delay, waste of time, cumulative evidence (not unfair surprise).

Question 3

Subsequent Remedial Repairs (CA rule)

Answer 3

Admissible to prove defective design

Question 4

Settlement Negotiations (CA)

Answer 4

Discussions during mediation also not admissible.

Statements related to offer to pay medical expenses are not inadmissible

Question 5

Sympathy (CA)

Answer 5

In civil actions, expressions of sympathy for death or injury are inadmissible, but related statements of fault are admissible.

Question 6

California Constitutional Rule in Criminal Cases: Prop 8

Answer 6

All relevant evidence is admissible in a criminal case even if objectionable under the Evidence Code.

Question 7

Exceptions to Prop 8

Answer 7

Exclusionary Rules Under U.S. Constitution

Hearsay

Privilege

Limits on Character

Evidence

Secondary Evidence Rule

Question 8

Prior Convictions (CA)

Answer 8

(1) Cannot exclude relevant evidence in a criminal case
(2) In criminal cases, the crime must at least involve moral turpitude (but court can still weigh the probative value vs prejudicial effect)
(3) Prior felony convictions CAN be used to impeach without limitation
(4) Generally no impeachment for misdemeanor, but you can ask about events leading up to it

Question 9

Specific Instances of Misconduct (CA)

Answer 9

Inadmissible, but Prop 8 might make it relevant in criminal cases if there is an act of moral turpitude provable by any means

Question 10

Opinion Testimony (CA)

Answer 10

Can be based on specialized knowledge, subject to court discretion

Question 11

Expert Opinion - Frye (CA)

Answer 11

Expert testimony must be based on “generally accepted” scientific methods.

Question 12

Judicial Notice

Answer 12

Whether requested or not, court must take judicial notice of matters generally known within jurisdiction.

Also, both civil and criminal juries must accept judicially-noticed fact.

Question 13

Psychotherapist/Social Worker Privilege (CA)

Answer 13

Does not apply if there is cause to believe that patient is a danger to himself for others.

Also does not apply if the patient is a crime victim under the age of 16.

Question 14

Parent-Child privilege and Accountant-Client privileges (CA)

Answer 14

A privilege exists in California between a parent and a child, and between an accountant and his/her client.

Question 15

In California, attorney-client privilege terminates when…

Answer 15

An estate is wound up:

The attorney-client privilege goes through the wrap-up of the estate.

Question 16

Additional CA Privileges

Answer 16

Counselor and Victim of Sexual Assault or Domestic Violence

Clergy-Penitent

Immunity from Contempt of Court to News Reporter

Question 17

Statements Against Interest (CA)

Answer 17

Both Fed/CA: Statement of now unavailable witness against her pecuniary, prop, or penal interest when made (as well as collateral facts in statement) admissible. Declarant must have had personal knowledge of facts; no motive to misrepresent when statement is made.

CA: Interests include social interests.

Question 18

Present Sense Impression (CA)

Answer 18

Only admits statement explaining conduct of declarant made while engaged in that conduct

Question 19

Statements for Purpose of Medical Treatment or Diagnosis (CA)

Answer 19

Admits only statements if made by minor describing act of child abuse or neglect.

Question 20

Public Records (CA)

Answer 20

Admits record made by public employee if making record was within scope of her duties, made at or near time of event described, and circumstances show trustworthiness.

Thus admits police reports, and fact findings, even in criminal cases.

Question 21

True/False: California Evidence Code deals with statements in three ways: hearsay, non-hearsay, and hearsay-exceptions

Answer 21

False;

Hearsay or hearsay-exceptions only

Question 22

Statement Describing Infliction or Threat of Physical Abuse (CA only)

Answer 22

Where declarant is unavailable, made at or near the time of injury or threat and describing or explaining the infliction or threat of injury in writing or recorded or made to police or other professionals and circumstances seem trustworthy.

Question 23

Declaration of Past Physical or Mental Condition (CA only)

Answer 23

Where declarant is unavailable, to prove condition if that condition is at issue in the case. No need for seeking medical care