Evidence Flashcards
Logical Relevance
Evidence is logically relevant if it has a tendency to make a fact of consequence more or less probable than it would be without the evidence.
In CA, relevant evidence must also be relevant as to a disputed fact.
Legal Relevance
Legal relevance is admissible if its probative value is substantially outweighed by unfair prejudice, delay, confusing the issue, or being repetitive.
In CA, relevant evidence shall not be excluded in any criminal proceeding unless subject to an exemption.
Personal Knowledge/Competence to Testify
In order for a witness to testify, they must be competent to do so by having personal knowledge about the matter they are testifying to.
Hearsay
Hearsay is an out-of-court statement offered for the truth of the matter asserted. Inadmissible unless an exception or exemption applies. (Prop 8 does not overrule HS).
HS: Party Opponent Exception (Vicarious Statement)
A person who works for a party in an employer/employee capacity and makes a statement within the scope of his employment and regarding his duties is an admissible statement against a party opponent.
Character Evidence
Character evidence is generalized information about a person’s behavior and is generally inadmissible
HONESTY ALLOWED
Exceptions: directly related to D’s charged offense as long as felony and occurred within 10 years)
CA: recognizes character evidence that relates to domestic violence and elder abuse
May only be introduced once D “opens the door” and introduces positive evidence of reputation or opinion about his traits
Impeachment
A witness on the stand may be impeached for their character of truthfulness or untruthfulness and their creditibility
Can be impeached with a variety of evidence
On cross exam, counsel is allowed to ask about specific acts of conduct for the purpose of impeachment, but can only ask about the facts and may not bring extrinsic evidence to prove otherwise.
HS: Business Records
Records or memos made in the regular course of business, while still fresh in the entrant’s mind, with personal knowledge or from a reliable source with personal knowledge, and properly authenticated, is admissible.
Best Evidence Rule
The BER states that when the contents of a writing are what is trying to be proved, then the best evidence is the writing itself and not testimony about the writing.
Only applies when contents of document are at issue or person testifying is relying on the contents when testifying
Authentication
In order for evidence such as emails, docs, or forms to be admissible, they must first be authenticated as being what they saying they are
Secondary Rule (CEC)
Similar to FRE’s BER. When a document is being admitted for evidence, it needs to be the original document unless unavailable or destroyed. Copied ok unless question re authenticity
HS Business Record
Records entered by someone in the regular course of business about standard procedures
HS Present Sense Impression
Statements made while an event is occurring or shortly thereafter will be admissible
HS: Admission by Party Opponent
Admissions by party opponents are admissible and an exception to HS under CEC and FRE
Admission - Silence
Where a person is accused of an act that a reasonable person would argue or correct is actually silent, admission may be presumed
HS Excited Utterance
A statement that is made as a result of a shocking or startling event during or shortly after the event
Multiple HS
When a HS statement also contains another HS statement within, each level must be admissible
Statement against interest - CA
In CA, a statement against interest is admissible as an exception to the rule against HS if the declarant is unavailable and it at the time it was made, it was against the dec’s pecuniary, penal, proprietary or social interest