Evidence Flashcards
For any question referencing CEC, make sure to include what language regarding Prop 8?
Under Proposition 8 of the California Constitution (hereafter Prop. 8), any evidence that is
relevant may be admitted in a criminal case. However, Prop. 8 makes an exception for balancing
under California Evidence Code (hereafter 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 issues, or misleading the jury.
[This case is civil, so Prop. 8 will not be applied to the evidence.]
What must be true for a piece of evidence to be relevant?
It must be both logically and legally relevant.
Logical relevance: why is this item of evidence helpful for determining the outcome of the dispute?
Legal relevance: is the probative value of the evidence substantially outweighed by the danger of unfair prejudice?
What is the Best Evidence Rule?
The best evidence rule requires that the original document, or a reliable duplicate, be produced to prove the contents of a writing, recording, or photograph, including electronic documents, x-rays, and videos. A duplicate is a counterpart produced by any process or technique that accurately reproduces the original.
