Evidence

Question 1

Relevance

Answer 1

For evidence to be admissible, it must be (i) logically relevant (has any tendency to prove or disprove a disputed fact of consequence) and (ii) legally relevant (court has discretion in excluding relevant evidence if its probative value is substantially outweighed by a risk of unfair prejudice, confusion of the issues, and the like).

Question 2

Confidential Marital Privilege

Answer 2

(i) Confidential communications made during a marriage are privileged and inadmissible if they were made during the marriage. (ii) The privilege may be invoked by either spouse.

Question 3

Authentication of Telephone Call

Answer 3

Oral statements must be authenticated in cases where the identity of the speaker must be shown to make the statement relevant.

Statements made during a telephone call may be authenticated by testimony as to one of the following: (i) the listener recognizes the speaker’s voice; (ii) the speaker has knowledge of certain facts that only a particular person would have; or (iii) the speaker has identified himself.

Question 4

Hearsay

Answer 4

Hearsay is an out-of-court statement offered to prove the truth of the matter asserted, and is inadmissible unless it falls within an exception to the rule. (ii) Hearsay is excluded from Proposition 8. (iii) “Hearsay within hearsay” is admissible only if both the outer and inner layers fall within a hearsay exception.

Question 5

Proposition 8

Answer 5

Under Proposition 8, all relevant evidence is admissible in a criminal case, subject to certain exceptions. In cases involving privilege, for example, ordinary rules of evidence apply rather than Proposition 8.