Evidence

Question 1

Prop. 8

Answer 1

Under Proposition 8 (Prop. 8) of the California Constitution, any evidence that is relevant may be admissible in a criminal case. However Prop. 8 makes an exception for balancing under California Evidence Code (CEC) 352, which gives a court discretion in excluding relevant evidence if its probative value is substantially outweighed by a risk of unfair prejudice, confusion of the issues, or misleading the jury.

IF CIVIL:
This case is civil, so Prop. 8 will not be applied to the evidence.

Question 2

Logical Relevance

Answer 2

Evidence is relevant if it tends to make a fact more or less probable that it would be without the evidence and the fact is of consequence in determining the action.

CA Distinction: In California, the evidence must tend to prove or disprove a disputed fact

Question 3

Legal Relevance

Answer 3

Legal relevance means that the probative value of the evidence outweighs any prejudicial impact that the evidence may have.