1) General + Relevance

Question 1

Criminal: CA evidence

Answer 1

Proposition 8, truth in evidence amendment

Question 2

Prop 8: def

Answer 2

truth in evidence amdendment

all relevant evidence is admissible in a CRIM case, evne if otherwise objectionable under the CEC (exceptions–meaning some things still not admissible despite TIEA)

Question 3

preliminary facts: CA rule

Answer 3

judge limited to only ADMISSIBLE EVIDENCE to decide foundational matters (admissibility, privileges, is it hearsay, etc).

Question 4

preliminary facts: CA vs FRC

Answer 4

CA: judge can consider admissible evidenc eonly
FRE: judge can consider inadmissible evidence too

Question 5

judicial notice–when judge takes: CA rule

Answer 5

court must take judicial notice, regardless of whether or not requested

Question 6

judicial notice–when judge takes: CA vs. FRC

Answer 6

FRE: judge must take JN when requested
CEC: judge must take JN, even if not requested

Question 7

judicial notice: jury instructions: CA rule

Answer 7

jury MUST accept judicially noticed fact, whether crim or civil case

Question 8

judicial notice: jury instructions: CA vs FRE

Answer 8

FRE: civil case jury must accept judicially noticed fact but in crim case MAY accept

CA: jury MUST accept in crim (and civil)

Question 9

def of relevance: CA rule

Answer 9

if it has any tendency to make the existence of any DISPUTED fact of consequence more or less probable

Question 10

def of relevance: CA vs FRE

Answer 10

FRE: can make any fact more or less probable, dnn to be disputed

CEC: must be disputed fact to be relevant (so if stipulated, not disputed/relevant)

Question 11

prop 8: exceptions

Answer 11

(ie, this stuff is NOT admissible despite crim cases)

1) confrontation clause
2) hearsay
3) privilege
4) secondary/BER
5) ch evidence ( to prove D or V’s conduct)
6) 352 balancing

but yes affects: impeachment–wits of crimes + prior bad acts

Question 12

fre 403 ca version

Answer 12

CEC 352 – very similar – court in its discretion may exclude if prob value substantially outweighed by

probability that

1) necessitate undue consumption of time, or
2) create substantial danger of undue prejudice, confusing hte issues, or misleading th ejury

Question 13

evidence of subsequent remedial measures: CA rule

Answer 13

inadmissible to prove negligence, in negligence cases only

Question 14

evidence of subsequent remedial measures: CA vs FRE

Answer 14

CA: inadmissible in neg cases only

FRE: inadmissible in neg + SPL

Question 15

evidence of settlement offers: CA rule

Answer 15

excluded, as full blanket, and includes sts made during mediation

Question 16

evidence of settlement offers: CA vs FRE

Answer 16

CA: includes mediation sts

FRE: dn

Question 17

offers to pay med expense: CA rule

Answer 17

also “blankets” and includes accompanying sts (inc any admissions of liability)

Question 18

offers to pay med expenses: CA vs FRE

Answer 18

CA: includes accompanying sts like admissions of liability
FRE: does not include any accompanying sts

Question 19

plea negotiations: CA rule

Answer 19

also excludes convos w the police

but, must be bona fide plea negotiation

NOT: unsolicited offers to plead guilty, sts made to transporting officers, spontaneous sts in court

AND narrower as below

Question 20

plea negotiations: CA vs FRE

Answer 20

CA: can include convos w police under some circs (so then those convos are inadmissible)

FRE: only convos w prosecutors are inadmissible

Question 21

expressions of sympathy: CA rule

Answer 21

CIVIL CASES ONLY

sts, writings + benevolent gestures expressing sympathy re pain/suffering/death of person in an accident

made to the person or their family

are inadmissible

BUT sts of fault made in connection w such sts are not excluded

Question 22

expressions of sympathy: CA vs FRE

Answer 22

CA: the sympathy expression is inadmissible but any accompanying sts of fault are admitted

FRE: no equivalent (so the sympathy st is admissible also)

Question 23

plea negotiations: NARROWER CA

Answer 23

CA: only excludes evidence of:

1) guilty pleas later withdrawn
2) offers to plead guilty to crime charged or any other crime

Question 24

plea negotiations: NARROWER CA

vs FRE

Answer 24

CA excludes only evidence of guilty pleas later withdrawn, or offers to plead guilty

vs FRE is broader, excludes all sts made in plea negotiations