Relevance

Question 1

How should you refer to U.S. vs. CA evidence law?

Answer 1

Federal Rules of Evidence and the California Evidence Code

Question 2

What is logical relevance?

Answer 2

Does the evidence tend to make a fact that is of consequence to the matter more or less probable than it would be without it

CA: must be in dispute

Question 3

Usually, without similarities, prior accidents or claims of the plaintiff are not logically relevant (thus inadmissible), what are the exceptions?

Answer 3

1) Note that these are prior accidents “without similarities” and of the “plaintiff”

• Comparable sales - establish valuation
• Custom (industry) - establish reasonable standard of care
• Pattern of fraudulent claims [e.g. plaintiff always sues for fake slip & falls]
• Pre-existing condition [e.g. plaintiff already had a broken leg, before she slipped]
• Rebuts defense of impossibility
• Routine business practice [e.g., show conduct conformity by plaintiff]
• Shows intent
• Habit evidence - repeated specific conduct, relevant to show that person acted in accordance with habit (Note: habit evidence is generally admissible vs. character evidence (which conveys moral judgement) is generally INadmissible)

Question 4

What rules bind courts determining whether witnesses are qualified, privilege exists, or evidence is admissible? (under Federal Rules of Evidence)

Answer 4

Evidence rules don’t apply - permits judge to view inadmissible evidence to figure that out

Question 5

When will the court take preliminary evidentiary questions, without a jury?

Answer 5

• Deciding whether to admit a confession in a criminal trial
• Excluding witnesses so they can’t hear each other’s testimony

Question 6

What is the Prop 8 exception for criminal cases in California?

Answer 6

Under Prop 8 in California, all relevant evidence is admissible in a criminal prosecution unless it falls within one of the specified exceptions to the rule, even if objectionable under the CA Evidence Code.

Question 7

What is the Prop 8 balancing test?

Answer 7

All evidence is relevant unless its probative value is outweighed by DANGER OF UNDUE PREJUDICE, WASTE OF TIME, CONFUSION OF ISSUES or DANGER OF MISLEADING THE JURY.