California Evidence Distinctions Flashcards
What is the California equivalent of FRE 403?
CEC 352
What evidence does Prop 8 admit?
All relevant evidence in a criminal proceeding
What are the exceptions to Prop 8?
Hearsay
Privilege
Character Evidence to prove conduct
Confrontation Clause issues
Evidence barred by CA Rape Shield Statute
Secondary Evidence Rule
CEC 352 balancing
To what questions do California evidence rules apply in federal diversity cases?
Questions of
privilege
competency
effect of presumptions
What is the distinction between federal and California law regarding relevance?
In California, evidence must concern a disputed fact to be considered relevant.
If all parties stipulate to the fact, it is not relevant.
What is the distinction regarding subsequent remedial measures?
admissible to show design defect in strict liability cases in CA
What is the distinction regarding offers to pay medical expenses?
CA excludes accompanying admissions of fact
Under which evidence rules is immigration status admissible?
federal rules only
What prior bad acts are admissible in CA (criminal) cases but not federal cases?
domestic violence
elder abuse
When are defendant’s prior bad acts admissible in federal court? In California?
fed: criminal and civil cases
CA: crimes of moral turpitude in criminal cases (prop 8)
When may prosecutors rebut evidence of victim’s bad character with evidence of defendant’s bad character?
fed: any trait of victim’s bad character
CA: only on trait of violence
Can prosecution admit evidence of victim’s good character in a homicide/self-defense case?
fed: yes
CA: only if defendant initiates
When are specific acts admissible to prove victim’s character?
fed: only to impeach on cross after D initiates
CA: whenever D initiates
What is the distinction re: witness competency?
CA: witness must understand duty to tell truth
What is the standard for admitting scientific evidence in CA?
general acceptance in the field
When are learned treatises admissible in CA?
only re: “facts of general notoriety or interest” (rarely)
When can witness credibility be bolstered?
CA: Prop 8 – any time relevant in criminal case
fed: never
What is the distinction re: prior inconsistent statements?
fed: impeachment only unless under oath
CA: admissible for all purposes
Distinctions re: prior felony convictions
CA: must be crime of moral turpitude;
courts have discretion to exclude where feds don’t
Distinctions re: prior misdemeanor convictions
inadmissible in CA except criminal cases where prop 8 admits crimes of moral turpitude
Distinctions re: age of prior felony convictions
fed: 10+ years inadmissible
CA: no rule, CEC 352 balancing
Distinction re: vicarious party admissions
fed: nonhearsay
CA: hearsay exception for civil cases only
Distinctions re: unavailable declarants
CA
no partial memory loss
fear renders witness unavailable
Distinctions re: statements against interest
CA
no corroboration requirement
statements against social interest admissible
Distinctions re: dying declarations
CA: declarant must actually die
When is a statement of a kidnapped or murdered declarant admissible?
fed
catch-all
CA
declarant unavailable,
serious felony,
unavailability caused/aided by defendant,
for purpose of preventing arrest/prosecution
When is a statement of physical threat or injury admissible?
fed
catch-all
CA
declarant unavailable,
contemporaneous with threat/injury,
written or made to LEO/medical personnel,
under untrustworthy circumstances
Distinctions re: present sense impressions
CA: only applies to declarant’s own conduct
When are statements made for medical diagnosis/treatment admissible in CA?
only where declarant is minor and statement describes child abuse or neglect
What is different about the business records (hearsay) exception in CA?
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
How does CA’s public records (hearsay) exception differ from the federal exception?
CA exception is broader, admitting records
**within scope **of employee’s duties
made at or near time of matters described
if trustworthy
How are felony judgments treated for hearsay purposes in CA?
only admissible in civil cases
but
public records exception admits certified copy of judgment in both civil & criminal
How old must a document be to qualify as ancient under CA rules?
30 years
What documents are not self-authenticating in CA?
trade inscriptions
certified business records
Describe the secondary evidence rule
duplicates & written secondary evidence are admissible
oral testimony to describe writing inadmissible w/out a valid excuse
What is the difference in how courts determine preliminary issues of fact?
In CA, judge is bound by rules of evidence
What is the difference re: judicial notice of facts?
In CA, court must take notice of matters of generalized knowledge that are universally known; considered conclusive in both civil and criminal cases.
When does the spousal testimony privilege apply in CA?
b
Both criminal & civil cases
Domestic partners included
When does physician-patient privilege apply in CA?
civil cases only
not applicable if physician is required to report
not applicable in incompetency proceedings
When does attorney-client privilege terminate?
fed: never
CA: death of client
(estate distributed & executor discharged)
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When does attorney-client privilege not apply in CA?
disclosure necessary to prevent death or substantial bodily harm
When does therapist-patient privilege not apply in CA?
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
