Relevance Flashcards
Proposition 8
In a California Criminal Case all relevant evidence is admissible subject to the follow exceptions:
1. Exclusionary Rules Under US Constitution
2. Hearsay Law
3. Privilege Law
4. Limits on Character Evidence
5. Rape Shield Law
6. Best Evidence Rule
7. CEC 352 Relevance Balancing
Logical Relevance
Any tendency to make a disputed material fact more or less probable
Subsequent Remedial Measures
Permissible to prove product liability but not negligence
Statements in Mediation Proceedings
Subject to trict confidentiality rules and include statements made/prepared in connection with a mediation/consultation
Payment/Offers to Pay Medical Expenses
Same as Fed except*accompanying admissions *of fact are indadmissible
Additional Public Policy Exclusions in CA
- Expressions of Sympathy **relating to pain suffering, or death of an accident victim (but not statements of fault)
- Evidence of Immigration Status in PI Wrongful Death: Inadmissible
- Hospital Quality in Civil Cases: (i) records and proceedings of morbidity; (ii) records of hospital committees and peer review bodies are inadmissible
- V or W Act of Prostitution in Serious Felony, Assault, Domestic Violation, Extortion, Trafficking, Sexual Battery, and Stalking Cases: Cannot be used against V or W in seperate criminal prosecution for prostitution