Evidence CA Essay

Question 1

Prop 8

Answer 1

All relevant evidence is admissible in a criminal case, subject to certain exceptions such as privilege and hearsay.

Question 2

Leading Question

Answer 2

A questions is leading and objectionable on direct bwhen it suggests the answer to the witness. Leading questions are allowed on direct if:

1) questions are used to illicit premlininary or introductory matters
2) the witness has difficulty remember or needs assistance responding
3) the witness is hostile or adverse

Question 3

Nonresponsive

Answer 3

A witness’s response is nonresponive when it goes beyond the scope of the specific question, such as additional statements to a yes or no question. Nonresponsive statements are subject to a motion to strike by either party.

Question 4

Contemporaneous Statement

Answer 4

Statements made at the time of an occurrence

Question 5

Present State of Mind

Answer 5

A declaration of the declarant’s then existing state of ming, indulging a statement of intent or plan, can be admitted to prove that intent or plan.

It is also admissible as circumstantial evidence that tends to show what the declarant intends to do in the future or that such intent was carried out.

Question 6

Authentication of Phone call

Answer 6

Oral statements must be authenticated where the identity of the speaker is important. Telephone call statements can be authenticated by testimony that

1) the witness recognize’s the speaker’s voice [with foundation laid]
2) the speaker has knowledge of certain facts only a particular person would have
3) the speaker has identified himself

Question 7

Dying Declaration

Answer 7

death is impending
declarant dies
statement is about what killed them

Question 8

Statement against interest

Answer 8

Statement by an unavailable person that was against that person’s pecuniary, proprietary, or penal interest when made.

Question 9

Co-conspirator admission

Answer 9

An admission by one co-conspirator,
made to a third party
in furtherance of a conspiracy to commit a crime,
while the declarant was a participant in the conspiracy, may be admitted against a co-conspirator

Question 10

Speculation

Answer 10

Testimony must be based on personal knowledge, not conjecture. Therefore, an attorney may not ask a witness to speculate or hypothesize as to the existence or meaning of facts.

Question 11

Lay opinion

Answer 11

Opinion by laypersons is inadmissible unless:

1) rationally based on the perception of the witness
b) helpful to a clear understanding of his testimony or determination of material fact; and
c) not based on scientific or otherwise specialized knowledge