California Evidence

Question 1

Prop 8

Answer 1

All relevant evidence admissible in criminal trial

But subject to many exceptions
Defendants character

Question 2

Relevance distinctions

Answer 2

Fact of consequence must be in dispute

Question 3

Subsequent remedial measures

Answer 3

Only excludes in. Negligence case — not strict liability/products

Question 4

Settlement discussions

Answer 4

Discussions during mediation too

Question 5

Offers to pay medical expenses

Answer 5

Also inadmissible are admissions of fact during offer to pay

Expressions of sympathy excluded too — does not extend to admissions of fault

Question 6

Character evidence

Answer 6

Exception to prop 8
Sexual assault or child molestation , prosecution can use similar other acts
Same for domestic and elder abuse
Character trait of violence allowed
No testimony about victims character allowed unless defense opens door. No exceptions.

Question 7

Victim character

Answer 7

Not changed by prop 8

Specific instances allowed on direct

Question 8

Scientific testimony

Answer 8

Kelley Frye
Generally accepted in scientific community in that field

Learned treatise exception to hearsay rule — only admissible for general notoriety

Question 9

Impeachment

Answer 9

Prior inconsistent statement of testifying witness admissible for all purposes

Prior convictions for felonies involving moral turpitude admissible to impeach balancing allowed
No misdemeanors (prop 8 allows in criminal trial)
No impeachment for conduct with no conviction (but prop 8)

Question 10

Hearsay differences I

Answer 10

Exempt from prop 8

No exemptions

Statement of party employee only if drivers negligence making employer liable (ie not statement about employer or other person negligence)

Prior inconsistent statement admissible always

Statements against social interest admissible

Former testimony allowed if offered by person in prior trial

Question 11

Hearsay II

Answer 11

Dying declaration narrower

Present sense narrower

OJ exception statement made near time of injury made to police

Medical statements has to be minor
But medical statements admissible if declarant unavailable

Public records broader. Scope of duties, at time, trustworthy

Question 12

Secondary evidence rule

Answer 12

No prop 8

Handwritten ok

Question 13

Privilege

Answer 13

Ends with death

Employee — applies if natural to talk to lawyer

Does not apply where lawyer thinks disclosure would prevent death or injury (dangerous client exception)

Doctor patient privilege
Does not apply if dangerous patient or in criminal case

Domestic partners, penitential, news reporter