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California Evidence > California Evidence Distinctions > Flashcards

California Evidence Distinctions Flashcards

1
Q

What is the California equivalent of FRE 403?

A

CEC 352

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2
Q

What evidence does Prop 8 admit?

A

All relevant evidence in a criminal proceeding

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3
Q

What are the exceptions to Prop 8?

A

Hearsay
Privilege
Character Evidence to prove conduct
Confrontation Clause issues
Evidence barred by CA Rape Shield Statute
Secondary Evidence Rule
CEC 352 balancing

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4
Q

To what questions do California evidence rules apply in federal diversity cases?

A

Questions of
privilege
competency
effect of presumptions

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5
Q

What is the distinction between federal and California law regarding relevance?

A

In California, evidence must concern a disputed fact to be considered relevant.

If all parties stipulate to the fact, it is not relevant.

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6
Q

What is the distinction regarding subsequent remedial measures?

A

admissible to show design defect in strict liability cases in CA

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7
Q

What is the distinction regarding offers to pay medical expenses?

A

CA excludes accompanying admissions of fact

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8
Q

Under which evidence rules is immigration status admissible?

A

federal rules only

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9
Q

What prior bad acts are admissible in CA (criminal) cases but not federal cases?

A

domestic violence
elder abuse

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10
Q

When are defendant’s prior bad acts admissible in federal court? In California?

A

fed: criminal and civil cases
CA: crimes of moral turpitude in criminal cases (prop 8)

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11
Q

When may prosecutors rebut evidence of victim’s bad character with evidence of defendant’s bad character?

A

fed: any trait of victim’s bad character
CA: only on trait of violence

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12
Q

Can prosecution admit evidence of victim’s good character in a homicide/self-defense case?

A

fed: yes
CA: only if defendant initiates

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13
Q

When are specific acts admissible to prove victim’s character?

A

fed: only to impeach on cross after D initiates
CA: whenever D initiates

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14
Q

What is the distinction re: witness competency?

A

CA: witness must understand duty to tell truth

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15
Q

What is the standard for admitting scientific evidence in CA?

A

general acceptance in the field

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16
Q

When are learned treatises admissible in CA?

A

only re: “facts of general notoriety or interest” (rarely)

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17
Q

When can witness credibility be bolstered?

A

CA: Prop 8 – any time relevant in criminal case
fed: never

18
Q

What is the distinction re: prior inconsistent statements?

A

fed: impeachment only unless under oath
CA: admissible for all purposes

19
Q

Distinctions re: prior felony convictions

A

CA: must be crime of moral turpitude;
courts have discretion to exclude where feds don’t

20
Q

Distinctions re: prior misdemeanor convictions

A

inadmissible in CA except criminal cases where prop 8 admits crimes of moral turpitude

21
Q

Distinctions re: age of prior felony convictions

A

fed: 10+ years inadmissible
CA: no rule, CEC 352 balancing

22
Q

Distinction re: vicarious party admissions

A

fed: nonhearsay
CA: hearsay exception for civil cases only

23
Q

Distinctions re: unavailable declarants

A

CA
no partial memory loss
fear renders witness unavailable

24
Q

Distinctions re: statements against interest

A

CA
no corroboration requirement
statements against social interest admissible

25
Q

Distinctions re: dying declarations

A

CA: declarant must actually die

26
Q

When is a statement of a kidnapped or murdered declarant admissible?

A

fed
catch-all

CA
declarant unavailable,
serious felony,
unavailability caused/aided by defendant,
for purpose of preventing arrest/prosecution

27
Q

When is a statement of physical threat or injury admissible?

A

fed
catch-all

CA
declarant unavailable,
contemporaneous with threat/injury,
written or made to LEO/medical personnel,
under untrustworthy circumstances

28
Q

Distinctions re: present sense impressions

A

CA: only applies to declarant’s own conduct

29
Q

When are statements made for medical diagnosis/treatment admissible in CA?

A

only where declarant is minor and statement describes child abuse or neglect

30
Q

What is different about the business records (hearsay) exception in CA?

A

CA rule doesn’t refer to opinions/diagnoses
simple opinions/diagnoses generally admissible (e.g. broken leg)
complex opinions/diagnoses generally inadmissible (e.g. PTSD)
records custodian must testify

31
Q

How does CA’s public records (hearsay) exception differ from the federal exception?

A

CA exception is broader, admitting records
**within scope **of employee’s duties
made at or near time of matters described
if trustworthy

32
Q

How are felony judgments treated for hearsay purposes in CA?

A

only admissible in civil cases
but
public records exception admits certified copy of judgment in both civil & criminal

33
Q

How old must a document be to qualify as ancient under CA rules?

A

30 years

34
Q

What documents are not self-authenticating in CA?

A

trade inscriptions
certified business records

35
Q

Describe the secondary evidence rule

A

duplicates & written secondary evidence are admissible
oral testimony to describe writing inadmissible w/out a valid excuse

36
Q

What is the difference in how courts determine preliminary issues of fact?

A

In CA, judge is bound by rules of evidence

37
Q

What is the difference re: judicial notice of facts?

A

In CA, court must take notice of matters of generalized knowledge that are universally known; considered conclusive in both civil and criminal cases.

38
Q

When does the spousal testimony privilege apply in CA?

b

A

Both criminal & civil cases
Domestic partners included

39
Q

When does physician-patient privilege apply in CA?

A

civil cases only
not applicable if physician is required to report
not applicable in incompetency proceedings

40
Q

When does attorney-client privilege terminate?

A

fed: never
CA: death of client
(estate distributed & executor discharged)

`

41
Q

When does attorney-client privilege not apply in CA?

A

disclosure necessary to prevent death or substantial bodily harm

42
Q

When does therapist-patient privilege not apply in CA?

A

criminal cases
physician required to report
patient is danger to self or others
patient is child (under 16) crime victim
therapist appointed by court
incompetency proceedings

California Evidence (1 decks)

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