CEC Rules for Midterm Flashcards
CEC 1108
In criminal action which defendant is accused of sexual offense, past sexual offense are not made inadmissible by 1101 and admissible subject to 352
CEC 1109
In criminal action which defendant is accused of domestic abuse, past evidence of domestic abuse are not made inadmissible by 1101 and admissible subject to 352
CEC 786
Character evidence generally
Evidence of traits of his character other than honesty or veracity or their opposites, is inadmissible to attack or support the credibility of a witness
CEC 788
Prior Felony Conviction
For the purposes of attacking the credibility of a witness, it may be shown by the examination of the witness or by the record of judgment that he has been convicted of a felony except
1: A pardon has been granted
2: A certification of rehabilitation and pardon has been granted
3: The accusatory pleading against the witness has been dismissed except when for the same offense in a criminal trial
CEC 789
Evidence of religious belief or lack thereof is inadmissible to attack credibility of a witness
CEC 790
Evidence of good character of a witness is inadmissible unless evidence of bad character has been presented
CEC 780
Testimony; proof of truthfulness
-Except as otherwise provided by statute, the court or jury may consider in determining the credibility of a witness any matter that has a tendency in reason to prove or disprove the truthfulness of testimony at hearing. Including but not limited to
a: Demeanor
b: character of testimony
c: recollection, perception , communication
d: the extent of his opportunity to perceive any matter about which he testifies
e: character for honesty or veracity
f: bias, motive, interest
g: A previously made statement that is consistent with testimony
h: inconsistent statement
i: Existence or nonexistence of any fact testified by him
j: attitude
k: admission of untruthfulness
CEC 787
Specific instances of conduct
Subject to 788, specific instances of conduct relevant only to prove character trait are inadmissible to attack or support credibility of witness
CEC 210
Relevant Evidence:
Reverent Evidence is evidence having any tendency in reason to prove or disprove any disputed fact that is of consequence to determination of the action
CEC 350
Only Relevant Evidence Admissible
No evidence is admissible except relevant evidence
CEC 351
Admissibility of Relevant Evidence
Except as otherwise provided by statute, all relevant evidence is admissible
CEC 1101
Evidence of Character to Prove Conduct
A: Except as provided in sections 1102, 1103, 1108, and 1109, evidence of a person’s character or trait is not admissible when offered to prove that conduct on specified occasion.
B: May be offered to prove some fact like PINKO IMP C
Plan, Identity, negate accident, knowledge, opportunity,
intent, motive, preparation, or consent
CEC 1102
Opinion and reputation evidence of character of criminal defendant to prove conduct:
In a criminal action, defendants character in the form of reputation and opinion is not made inadmissible by 1101 if such evidence is.
A: Offered by the defendant to prove his conduct in conformity with that character or trait
B: Offered by prosecution to rebut section A above
CEC 1103
(a) In a criminal action, evidence of the character or a trait of character of the victim of the crime for which the defendant is being prosecuted is not made inadmissible by Section 1101 if the evidence is:
(1) Offered by the defendant to prove conduct of the victim in conformity with the character or trait of character.
(2) Offered by the prosecution to rebut evidence adduced by the defendant under paragraph (1).
(b) In a criminal action, evidence of the defendant’s character for violence or trait of character for violence is not made inadmissible by Section 1101 if the evidence is offered by the prosecution to prove conduct of the defendant in conformity with the character or trait of character and is offered after evidence that the victim had a character for violence or a trait of character tending to show violence has been adduced by the defendant under paragraph (1) of subdivision (a).
CEC 1151
Subsequent Remedial Conduct
After the occurrence of an event, if remedial or precautionary measures are taken to make event less likely to occur, not admissible to prove negligence or culpable conduct
CEC 1152
Offers to Compromise
Offers to compromise, furnished, or promises to pay are not admissible to prove liability for loss or damage
CEC 1153
Offer to plead guilty or withdrawn plea of guilty by criminal defendant
Evidence of a guilty plea later withdrawn, or an offer to plead guilty is not admissible in a criminal action in a ny proceeding of any nature.
CEC 1154
Offers to discount a claim
Evidence that a person has accepted, or offered, or promised to accept money, act, or service, as well as any statements made in negotiation, is not admissible to prove invalidity of the claim or any part of it
CEC 1155
Liability insurance
Evidence that a person was insured against loss from liability is not admissible to prove negligence or other wrongdoing,
CEC 352
The court in its discretion may exclude evidence if its probative value is substantially outweighed by the probability that its admission will (a) necessitate undue consumption of time or (b) create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury.
