Div. 3 All Chapters General Provisions Flashcards
CEC 300 .
When is the CEC applicable?
§ 300. Except as otherwise provided by statute, this code applies in every action before the Supreme Court or a court of appeal or superior court, including proceedings in such actions conducted by a referee, court commissioner, or similar officer, but does not apply in grand jury proceedings.
Who determines questions of law and how is that phrase defined?
(CEC 310)
§ 310. (a) All questions of law (including but not limited to questions concerning the construction of statutes and other writings, the admissibility of evidence, and other rules of evidence) are to be decided by the court. Determination of issues of fact preliminary to the admission of evidence are to be decided by the court as provided in Article 2 (commencing with Section 400) of Chapter 4.(b) Determination of the law of an organization of nations or of the law of a foreign nation or a public entity in a foreign nation is a question of law to be determined in the manner provided in Division 4 (commencing with Section 450).
What should occur if the law is from outside CA and cannot be determined?
(CEC 311)
§ 311. If the law of an organization of nations, a foreign nation or a state other than this state, or a public entity in a foreign nation or a state other than this state, is applicable and such law cannot be determined, the court may, as the ends of justice require, either:(a) Apply the law of this state if the court can do so consistently with the Constitution of the United States and the Constitution of this state; or(b) Dismiss the action without prejudice or, in the case of a reviewing court, remand the case to the trial court with directions to dismiss the action without prejudice.
What is the duty of the jury regarding Questions of fact? Credibility of witnesses? Hearsay declarants?
(CEC 312)
§ 312. Except as otherwise provided by law, where the trial is by jury:(a) All questions of fact are to be decided by the jury.(b) Subject to the control of the court, the jury is to determine the effect and value of the evidence addressed to it, including the credibility of witnesses and hearsay declarants.
How is the order of proof determined?
(CEC 320)
§ 320. Except as otherwise provided by law, the court in its discretion shall regulate the order of proof.
How does the court handle irrelevant evidence?
(CEC 350)
§ 350. No evidence is admissible except relevant evidence.
Div 3. General ProvisionsCh 4. Admitting and Excluding EvidenceArt 1. General Provisions
When is relevant evidence is admissible?
(CEC 351)
§ 351. Except as otherwise provided by statute, all relevant evidence is admissible.
Div 3. General ProvisionsCh 4. Admitting and Excluding EvidenceArt 1. General Provisions
What are the parameters for admissibility of statements made during a polygraph exam?
(CEC 351.1(a))
§ 351.1. (a) Notwithstanding any other provision of law, the results of a polygraph examination, the opinion of a polygraph examiner, or any reference to an offer to take, failure to take, or taking of a polygraph examination, shall not be admitted into evidence in any criminal proceeding, including pretrial and post conviction motions and hearings, or in any trial or hearing of a juvenile for a criminal offense, whether heard in juvenile or adult court, unless all parties stipulate to the admission of such results.
What about statements made during a polygraph exam?
(CEC 351.1(b))
CEC 351.1 (b) Nothing in this section is intended to exclude from evidence statements made during a polygraph examination which are otherwise admissible.
When may the court exclude evidence with probative value? (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.
When may a victim’s address be excluded from the hearing? (CEC 352.1)
352.1. In any criminal proceeding under Section 261, 262, or 264.1, subdivision (d) of Section 286, or subdivision (d) of Section 288a of the Penal Code, or in any criminal proceeding under subdivision (c) of Section 286 or subdivision (c) of Section 288a of the Penal Code in which the defendant is alleged to have compelled the participation of the victim by force, violence, duress, menace, or threat of great bodily harm, the district attorney may, upon written motion with notice to the defendant or the defendant’s attorney, if he or she is represented by an attorney, within a reasonable time prior to any hearing, move to exclude from evidence the current address and telephone number of any victim at the hearing. The court may order that evidence of the victim’s current address and telephone number be excluded from any hearings conducted pursuant to the criminal proceeding if the court finds that the probative value of the evidence is outweighed by the creation of substantial danger to the victim. Nothing in this section shall abridge or limit the defendant’s right to discover or investigate the information.
When is motion to strike mandatory? (CEC 353)
- A verdict or finding shall not be set aside, nor shall the judgment or decision based thereon be reversed, by reason of the erroneous admission of evidence unless: (a) There appears of record an objection to or a motion to exclude or to strike the evidence that was timely made and so stated as to make clear the specific ground of the objection or motion; and (b) The court which passes upon the effect of the error or errors is of the opinion that the admitted evidence should have been excluded on the ground stated and that the error or errors complained of resulted in a miscarriage of justice.
When is a miscarriage of justice found to set a verdict aside? (CEC 354)
- A verdict or finding shall not be set aside, nor shall the judgment or decision based thereon be reversed, by reason of the erroneous exclusion of evidence unless the court which passes upon the effect of the error or errors is of the opinion that the error or errors complained of resulted in a miscarriage of justice and it appears of record that: (a) The substance, purpose, and relevance of the excluded evidence was made known to the court by the questions asked, an offer of proof, or by any other means; (b) The rulings of the court made compliance with subdivision (a) futile; or (c) The evidence was sought by questions asked during cross-examination or recross-examination.
When should the court restrict the scope of evidence? (CEC 355)
- When evidence is admissible as to one party or for one purpose and is inadmissible as to another party or for another purpose, the court upon request shall restrict the evidence to its proper scope and instruct the jury accordingly.
What is the [complete evidence rule] and what are its parts? (CEC 356)
- Where part of an act, declaration, conversation, or writing is given in evidence by one party, the whole on the same subject may be inquired into by an adverse party; when a letter is read, the answer may be given; and when a detached act, declaration, conversation, or writing is given in evidence, any other act, declaration, conversation, or writing which is necessary to make it understood may also be given in evidence.
