Relevance

Question 1

What does Rule 403 say?

Answer 1

Judge has discretion to EXCLUDE an evidence where

risk of unfair prejudice, undue delay, or risk of confusion&raquo_space;> probative value

Question 2

can an inconsistent statement be admitted if said during settlement negotiations?

Answer 2

no

Question 3

what are the public policy exclusions?

Answer 3

1. suvsequent remedial measures
2. settlement offers (all)
3. offers to pay for medical expenses (but accompanying statements admissible)
4. insurance
5. pleas

Question 4

when is evidence relevant?

Answer 4

Evidence must be relevant for it to be admissible. It is relevant if it tends to make a material fact more or less probable ([CA] “a material fact in dispute”)

Question 5

what are the public policy exclusions?

Answer 5

i. Subsequent remedial measure: Evidence of repair, precautions, new policy inadmissible to show culpability
1. [CA] in SL, may be admissible

	ii. Settlement offers or negotiation (FRE 408): Inadmissible to prove liability for, or invalidity of, a claim at actual dispute as to validity or amount of liability. Must exclude all contextual statements attached to offer
		1. Even if later ct testimony is inconsistent with what was said at settlement negotiations, still inadmissible

iii. Offers to pay medical expenses (FRE 409) are inadmissible, but accompanying admissions are severable
1. [CA] both the offer and accompanying statements are INADMISSIBLE to prove liability

	iv. Withdrawn guilty pleas: Inadmissible as too prejudicial, minimal PV (but can waive inadmissibility) when nego please or during plea proceeding
		1. [CA] FRE + extend to discussion with police officers
		2. [CA] unlike FRE no contest in felony in civil please are ADMISSIBLE

Liability insurance (“I have insurance”) or lack of: Can’t show culpable conduct (assuming reference to insurance is severable from other public policy exceptions)

Question 6

what happens to judicially noticed facts?

Answer 6

c. Judicial notice allows a party to “prove” an adjudicative (non-collateral) fact by the court’s recognition
i. Judge must take judicial notice if a party requests and supplies necessary information
ii. Judicially noticed facts are conclusive in civil cases, but jury may disregard in crim cases ([CA] must accept as conclusive in both civil/crim)

Question 7

what documents are self-authenticating?

Answer 7

b. Self-authenticating docs:
§ certified public documents (or certified copies)
§ Certified business record (regularly conducted activity)
□ [CA] not self-auth, rebuttable presumption of auth
§ trade inscriptions ([CA] N/A),
§ official pubs by public authority,
§ newspapers and periodicals
§ Ancient documents: Statements in 20YO+ document in condition unlikely to create suspicion, and found in a likely place if it were authenticare admissible and self-authenticating
a. ([CA] 30YO+) like fed + treated as if authentic

Question 8

when does the best evidence rule apply?

Answer 8

a. Best evidence rule ([CA] secondary evidence rule): To prove the content of a writing or other tangible collection of data relevant to proving some material fact, the original must be introduced if available. Can still be hearsay
- Only applies if content is in dispute (K, will, defamation) or where the testimony depends on the writing

Question 9

when is the original not required under the best evidence rule?

Answer 9

c. Original NOT required if: lost or destroyed (unless by opponent bad faith), opponent fails to produce, collateral matter, subpoena ineffective, independent source (personal knowledge), inscribed chattel

Question 10

on what things can a lay witness testify?

Answer 10

an testify as to opinions or inferences only if testimony is

	1. rationally based on perception (personal knowledge, 5 senses), 
	2. helpful to a clear understanding to determination of a material fact or of his own testimony, and 
	3. [FRE] not based on scientific, technical or other specialized knowledge (unless grossly apparent)

Question 11

what is required for expert to be qualified ttestify?

Answer 11

Specialized knowledge helpful to jury, 2)
2. qualified as expert, 3)
3. reasonable certainty of opinion, 4)
4. testimony based on proper facts or data, 5)
5. testimony based on reliable principles and methods.
§ Reliability factors: 1) generally accepted in relevant scientific community, 2) peer reviewed (capable of retesting), 3) published, 4) low error rate.
□ [CA] Frye test - applies to novel scientific evidence; must show that scientific theory is generally accepted as valid and reliable in the relevant scientific field

Question 12

can experts testify to theultimate issue?

Answer 12

yes

Question 13

what can an expert not testify about?

Answer 13

conclusory legal opinions
criminal D’s mental state if it is an element of the crime
credibility of the witness

Question 14

in what situations are leading questions allowed?

Answer 14

1) hostile (unwilling) witnesses, 2) adverse witnesses, 3) child witnesses, 4) solicit preliminary background information (“You’re licensed, right?”), or 5) refresh W’s recollection

Question 15

what the scope of cross exam?

Answer 15

matters brought out on direct exam and inferences naturally drawn out therefrom

matters affecting witness credibility

Question 16

what is the ca rule on relevance? essay blurb

Answer 16

Under Prop. 8, any evidence that is relevant is admissible in a CRIMINAL case. However, Prop. 8 makes an exception for balancing under California Evidence Code 352 which gives a ct discretion to EXCLUDE evidence the risk of unfair prejudice, confusion of issue, or misleading jury substantially outweighs its probative value.