Evidence 21-30 Flashcards
In CA, when is evidence of Prior Convictionsadmissible to attack a witness’s character for truthfulness?
Felony — only convictions involving moral turpitude(subject to CEC 352 balancing).
Misdemeanor — only admissible: (1) in a criminal case, AND (2) if prior misdemeanor conviction involves moral turpitude.
Moral turpitude = crimes involving lying, violence, sex crimes, and extreme recklessness.
Priority: Medium
When may a witness’s credibility be attacked on cross-examination with Specific Instances of Conduct (i.e. prior bad acts)?
Under the FRE: Only when:
The conduct is probative of the witness’s character for truthfulness or untruthfulness. (BUT, extrinsic evidence is NEVER admissible to attack/support such instances of a witness’s credibility.)
In CA: Prior bad acts are only admissible under Proposition 8 if the acts involve moral turpitude.
Priority: Medium
How can a witness’s Character for Truthfulness (credibility) be attacked or supported?
By:
Reputation testimonyabout the witness’s character for truthfulness or untruthfulness in the community; OR
Opinion testimonyabout the witness’s character.
**Evidence of truthful character is only admissible AFTER the witness’s character for truthfulness has been attacked.
Priority: N/A
May a witness’s ability to observe, remember, or relay facts accurately be attacked on impeachment?
YES, a witness may be impeached on these issues on:
cross-examination; OR
with extrinsic evidence.
Priority: N/A
Under the FRE, how may a Hearsay Declarant’s credibility be impeached (when a hearsay statement has been admitted into evidence)?
By any evidence that would be admissible if the declarant had testified as a witness.
*A court may admit evidence of inconsistent statements/conduct regardless of when the statement occurred or if the declarant had the opportunity to explain or deny it.
Priority: N/A
When is Refreshing a Witness’s Recollection using a document permitted?
When:
The witness once had a personal knowledge of the matter,
But is unable to recall the matter when testifying.
In CA: The refreshing may be done prior to or during trial.
**Only the opposing party may offer the document into evidence.
Priority: Medium
What is the Scope of Cross-Examination?
The subject matter of the direct examination(s); AND
Matters affecting the witness’s credibility.
Priority: Low
When may a court take Judicial Notice?
When indisputable factsare either:
Commonly known in the community; OR
Readily capable of verification and cannot be reasonably questioned.
FRE: In civil cases, the court must instruct the jury to accept the facts as conclusive. In criminal cases, they must instruct the jury that they may or may not accept the noticed facts as conclusive.
CA: Judicially noticed facts are conclusive in civil & criminal cases.
Priority: Medium
Trial Objections
What is a leading question, and when are they permitted on direct examination?
One that suggests an answer to a witness. They are allowed on direct when:
The witness is hostile, an adverse party (or identified with);
It clarifies background information; OR
The witness has difficulty remembering.
In CA: Leading questions are ONLY permitted on direct examination in the interests of justice.
Priority: Medium
What is a Lay Witness?
When is Lay Witness testimony admissible?
Any person who gives testimony in a case that is NOT called as an expert. Their testimony is admissible if they are competent to testify (FRE: competency is presumed, additionally. CA: the witness must understand the legal duty to tell the truth).
They must take an oath to tell truth, only testify to matters of personal knowledge, AND have the capacity to perceive, recall, and communicate.
Priority: HIGH
