California Evidence Flashcards
Logical Relevance (CA)
Fact of consequence must be in dispute
Legal Relevance
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).
Subsequent Remedial Repairs (CA rule)
Admissible to prove defective design
Settlement Negotiations (CA)
Discussions during mediation also not admissible.
Statements related to offer to pay medical expenses are not inadmissible
Sympathy (CA)
In civil actions, expressions of sympathy for death or injury are inadmissible, but related statements of fault are admissible.
California Constitutional Rule in Criminal Cases: Prop 8
All relevant evidence is admissible in a criminal case even if objectionable under the Evidence Code.
Exceptions to Prop 8
Exclusionary Rules Under U.S. Constitution
Hearsay
Privilege
Limits on Character
Evidence
Secondary Evidence Rule
Prior Convictions (CA)
(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
Specific Instances of Misconduct (CA)
Inadmissible, but Prop 8 might make it relevant in criminal cases if there is an act of moral turpitude provable by any means
Opinion Testimony (CA)
Can be based on specialized knowledge, subject to court discretion
Expert Opinion - Frye (CA)
Expert testimony must be based on “generally accepted” scientific methods.
Judicial Notice
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.
Psychotherapist/Social Worker Privilege (CA)
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.
Parent-Child privilege and Accountant-Client privileges (CA)
A privilege exists in California between a parent and a child, and between an accountant and his/her client.
In California, attorney-client privilege terminates when…
An estate is wound up:
The attorney-client privilege goes through the wrap-up of the estate.
Additional CA Privileges
Counselor and Victim of Sexual Assault or Domestic Violence
Clergy-Penitent
Immunity from Contempt of Court to News Reporter
Statements Against Interest (CA)
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.
Present Sense Impression (CA)
Only admits statement explaining conduct of declarant made while engaged in that conduct
Statements for Purpose of Medical Treatment or Diagnosis (CA)
Admits only statements if made by minor describing act of child abuse or neglect.
Public Records (CA)
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.
True/False: California Evidence Code deals with statements in three ways: hearsay, non-hearsay, and hearsay-exceptions
False;
Hearsay or hearsay-exceptions only
Statement Describing Infliction or Threat of Physical Abuse (CA only)
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.
Declaration of Past Physical or Mental Condition (CA only)
Where declarant is unavailable, to prove condition if that condition is at issue in the case. No need for seeking medical care
