Evidence Essentials Flashcards
How is relevance defined in Evidence?
Evidence must be both logically AND legally relevant.
Define Logical Relevance
Evidence is logically relevant if:
(1) it has any tendency to make a fact more or less probable than it would be without the evidence; AND
(2) the fact is of consequence in determining the action
(in CA the fact of consequence must be in dispute).
When is evidence unfairly prejudicial?
Evidence is unfairly prejudicial when the
evidence is (1) unnecessary, AND (2) might
cause the jury to improperly sympathize or
dislike a party.
Define legal relevance
Evidence is legally relevant if it’s NOT
excluded: (1) on other policy grounds; AND (2) under FRE
403/CEC 352.
What does the court consider when weighing evidence for probative/prejudicial balancing?
Under FRE 403/CEC 352, the court may exclude
relevant evidence if its probative value is
substantially outweighed by a danger of: (a) unfair
prejudice; (b) confusing the issues; (c) misleading the
jury; (d) undue delay; (e) wasting time; OR (f) being
needlessly cumulative.
When is evidence unfairly prejudicial?
Evidence is unfairly prejudicial when the
evidence is (1) unnecessary, AND (2) might
cause the jury to improperly sympathize or
dislike a party.
Define California Prop 8
Under Proposition 8 of the California Constitution:
1) all relevant evidence is ADMISSIBLE in a criminal trial
2) such evidence is still subject to balancing
Balancing Test Factors for probative/prejudicial
whether the probative value is substantially outweighed by
- the risk of unfair prejudice
- confusion of issues
- misleading to the jury
- needlessly cumulative
Prop 8 is inapplicable too…
1) exclusionary rule
2) the secondary/best evidence rule
(3) hearsay exclusions
(4) privilege exclusions
(5) evidence barred under rape-shield
statutes
(6) limits on prosecution from offering specific
character evidence (prior to defendant “opening the door”).
Authentification of Evidence Rule
All evidence MUST be authenticated before being admitted into evidence. A party must prove that the item it seeks to admit is actually what the party purports it to be, UNLESS the parties stipulate otherwise.
How can physical evidence by authenticated?
Physical evidence may be authenticated through: (a)
witness testimony; OR (b) by evidence that shows it has
been held in a substantially unbroken chain of custody.
What is the best evidence rule (secondary evidence in CA)?
Under the Best Evidence Rule, a party must provide the
original document (or a reliable duplicate) when a witness
(a) testifies to the contents of a writing; OR (b) testifies to
knowledge gained solely from a writing.
• Under the FRE, handwritten duplicates are
NOT admissible.
In CA, handwritten duplicates ARE admissible.
Is character evidence admissible?
Generally, evidence of a person’s character is NOT
admissible to show propensity
What non-propensity purposes can character evidence come in for?
- (civil) when character is an
ultimate issue in a case (i.e. defamation) or - to impeach
When can character evidence be offered circumstantially to show propensity?
- Crim: if D opens door to their own character evidence
- Crim [CA]: Pros. can bring in evidence of elder abuse or DV
- D introduces V’s character to show D innocence [not allowed in rape cases] -> Pros can counter with a) Defendant’s same bad character trait they alleged against V, (in CA limited to violence) or b) V’s good character for same trait to counter allegation.
- FRE Homicide cases: if D claims V was aggressor, Pros can offer evidence of V’s peacefulness (no such rule in CA)
- Sex offense cases:
- can only offer character evidence to show: D not involved in
