Evidence 1-21 Flashcards
When is evidence Relevant?
(logically and legally)
Logically Relevant:
When it has any tendency to make a fact more or less probable than it would be without the evidence, AND
The fact is of consequence in determining the action (in CA, the fact of consequence must be in dispute).
Legally Relevant:
If it’s not excluded on policy grounds; AND
If it’s not excluded under FRE 403/CEC 352
Priority: HIGH
FRE Rule 403/CEC 352 Exclusions
A court may exclude evidence if its probative
value is outweighed by a danger of what?
Unfair prejudice;
Confusing the issues;
Misleading the jury;
Undue delay;
Wasting time; OR
Being needlessly cumulative.
Priority: HIGH
What is admissible under California Proposition 8, and what does it NOT affect?
ALL relevant evidence in a criminal trial.
It does not affect the following:
Exclusionary rules based on U.S. Constitution;
Secondary/Best evidence rule;
Hearsay or privilege exclusions;
Evidence barred under rape-shield statutes; and
Limits on prosecution from offering specific character evidence.
Priority: HIGH
When is evidence Unfairly Prejudicial?
When the evidence is:
Unnecessary;
AND
Might cause the jury to improperly sympathize or dislike a party.
Priority: HIGH
When is evidence of Subsequent Remedial Measures NOT admissible?
To prove:
Negligence;
Culpable conduct;
Additionally, under the FRE:
A defect in product or design; OR
A need for a warning or instruction.
*But, it may be admissible to impeach or prove a disputed issue of ownership, control, or feasibility of precautionary measures.
Priority: Medium
When are Settlement Offers and statements made during Settlement Negotiations NOTadmissible?
To prove the validity or amount of a disputed claim (claim must be filed or threatened); OR
To impeach by a prior inconsistent statement or contradiction.
CA: Excludes written/oral statements made during mediation proceedings.
*It may be admitted to: prove bias/prejudice of a witness, negate a contention of undue delay, or prove obstruction in a criminal matter.
Priority: Medium
What Pleas and Plea Negotiations are NOTadmissible in a subsequent civil or criminal case?
Statements made during plea discussions.
A nolo contendere plea.
A defendant’s guilty plea that was later withdrawn.
Priority: N/A
Evidence of paying (or promising/offering to pay for) medical expenses is NOT admissible to prove what?
Liability
(even if there is no disputed claim)
FRE: Any related statements or factual admissions ARE admissible.
CA: Related factual statements are NOT admissible.
Priority: Medium
Evidence of Liability Insurance is NOT admissible to prove what?
Culpability
(that a person acted negligently of wrongfully)
*However, a court may admit it for another purpose (i.e. proving bias/prejudice of witness, proving agency/ownership/control).
Priority: Medium
All physical evidence MUST be authenticated before being admitted into evidence.
How may physical evidence be Authenticated?
By:
Witness testimony; OR
By evidence that shows it has been held in a substantially unbroken chain of custody.
*A party must prove that the item it seeks to admit is actually what the party purports it to be, unless stipulated otherwise.
Priority: HIGH
Voice recordings may be Authenticated by whom?
By anyone who:
Has heard the person speak (either firsthand or electronically);
AND
Identified the recorded person as the speaker.
Priority: Medium
What is the Best EvidenceRule?
A party must provide the original document (or a reliable duplicate) when a witness:
Testifies to the contents of a writing; OR
Testifies to knowledge gained solely from a writing.
FRE: Handwritten duplicates are NOT admissible.
CA: Handwritten duplicates ARE admissible.
*In CA, this rule is called the Secondary Evidence Rule.
Priority: HIGH
Character Evidence
Character evidence may only be offered as circumstantial evidence to prove propensityin what limited circumstances?
Criminal cases – by defendant OR by prosecution if the defendant “opens the door” (unless in CA only: elder abuse or domestic violence);
Victim’s character(except in rape cases) – to prove defendant’s innocence. (In CA, ONLY violent traits);
Homicide cases – if defendant claims victim was the aggressor, the prosecution may offer evidence of the victim’s character for peacefulness. (NOT IN CA);
Sex offense cases – not admissible, unless exceptions apply.
Civil cases – only if sex offense cases exception applies.
In CA, NO exception for sex offense cases.
Priority: HIGH
Character Evidence
Under the FRE, what are the exceptions in Sex Offense Cases that allow character evidence (to prove a victim’s sexual behavior or predisposition) to be admissible?
Civil cases: If its probative value substantially outweighs the danger of harm to the victim and unfair prejudice to any party. (Evidence of the victim’s reputation is admitted only if the victim placed it in controversy).
Criminal cases: If offered to prove the defendant was not involved in the sex crime, to prove consent, if offered by the prosecution, OR if exclusion would violate the defendant’s Constitutional rights.
Priority: HIGH
Character Evidence
How may character evidence be proven under FRE and CA rules?
FRE:
On direct examination, by opinion testimony or testimony of the reputation in the community.
On cross examination of the character witness, by opinion, reputation, or specific acts.
CA:
Defendant’s character may only be proven by opinion/reputation, and victim’s character by opinion, reputation, or specific acts.
Priority: HIGH
