California Evidence

Question 1

Proposition 8 - Truth in Evidence (California)

Answer 1

• Broadens Evidence Admissibility: It allows for broader admissibility of evidence in criminal cases, reducing the restrictions imposed by the California Evidence Code, as long as such evidence is not excluded under the U.S. Constitution.
• Impact on Witness Credibility and Impeachment: It impacts witness credibility and impeachment indirectly, as it allows more evidence to be admitted which could affect how a witness’s testimony is viewed.
• Not Applicable to Civil Cases: It specifically applies to criminal proceedings, not civil.

CA Const. - California Constitution

Question 2

Exclusion in Error (California)

Answer 2

Preserving on the record, the judge’s ruling on evidence for appeal. Example: CEC 352, 353.

Example: CEC - California Evidence Code

Question 3

DELETE Preliminary Facts (California)

Answer 3

Judge determines foundational matters by a preponderance of the evidence. Example: CEC 405.

Example: CEC - California Evidence Code

Question 4

Conditional Admissibility (California)

Answer 4

Sufficient evidence for a reasonable factfinder to find the fact true. Example: CEC 403.

Example: CEC - California Evidence Code

Question 5

Rule of Completeness (California)

Answer 5

Adverse party may require introduction of any other part of a statement for fairness. Example: CEC 356.

Example: CEC - California Evidence Code

Question 6

Presumptions (California)

Answer 6

Shortcuts to prove a point. Two kinds: Thayer (burden of producing evidence) and Morgan (burden of persuasion). Example: CEC 600-660.

Example: CEC - California Evidence Code

Question 7

DELETE Judicial Notice (California)

Answer 7

Court MUST take judicial notice of universally known information and legislative facts. Example: CEC 451-453.

Example: CEC - California Evidence Code

Question 8

Proposition 8 and Relevance (California)

Answer 8

All relevant evidence admissible in criminal cases, with exceptions. Example: CA Const. Art. I, § 28(f)(2).

Example: CA Const. - California Constitution

Question 9

Subsequent Remedial Measures (California)

Answer 9

Inadmissible to prove negligence, except in strict products liability cases. Example: CEC 1151.

Example: CEC - California Evidence Code

Question 10

DELETE Settlement Offers (California)

Answer 10

Exclude offers and statements in settlement negotiations to prove liability. Example: CEC 1152, 1154.

Example: CEC - California Evidence Code

Question 11

Offers to Pay Medical Expenses (California)

Answer 11

Inadmissible when offered to prove liability. Example: CEC 1160.

Example: CEC - California Evidence Code

Question 12

Plea Negotiations (California)

Answer 12

Inadmissible in civil or criminal cases if plea agreement is not reached. Example: CEC 1153.

Example: CEC - California Evidence Code

Question 13

Expressions of Sympathy (California)

Answer 13

Inadmissible in civil cases, except statements of fault. Example: CEC 1160.

Example: CEC - California Evidence Code

Question 14

Mediation Provisions (California)

Answer 14

Inadmissible evidence of statements made in the course of mediations. Example: CEC 1115-1128.

Example: CEC - California Evidence Code

Question 15

Character Evidence (California)

Answer 15

Used to prove disposition; generally inadmissible in civil cases unless essential. Example: CEC 1101-1105.

Example: CEC - California Evidence Code

Question 16

Victim’s Character (California)

Answer 16

Defense can introduce, prosecution can rebut. Example: CEC 1103.

Example: CEC - California Evidence Code

Question 17

Adoptive Admissions (California)

Answer 17

Statement adopted by party’s conduct or silence. Example: CEC 1221.

Example: CEC - California Evidence Code

Question 18

Authorized Admissions (California)

Answer 18

Statements made by a person authorized by the party. Example: CEC 1222.

Example: CEC - California Evidence Code

Question 19

Vicarious Admissions (California)

Answer 19

Statements made by party’s agent or employee during employment. Example: CEC 1224.

Example: CEC - California Evidence Code

Question 20

Prior Inconsistent Statements (California)

Answer 20

Admissible to impeach and prove truth if inconsistent with testimony. Example: CEC 1235.

Example: CEC - California Evidence Code

Question 21

Prior Consistent Statements (California)

Answer 21

Admissible to rebut charge of recent fabrication or motive. Example: CEC 1236.

Example: CEC - California Evidence Code

Question 22

DELETE Statements of Identification (California)

Answer 22

Admissible if identifying person after perceiving them. Example: CEC 1238.

Example: CEC - California Evidence Code

Question 23

Learned Treatises (California)

Answer 23

Narrowly admitted in CA for science or art, not medicine. Example: CEC

Example: CEC - California Evidence Code

Question 24

DELETE Business Records (California)

Answer 24

Admissible if made at or near the time by a person with knowledge, kept in the regular course of business.

Example: CEC 1271.

Question 25

Public Records (California)

Answer 25

Excludes records of matters observed by law enforcement in criminal cases. ## Footnote Example: CEC 1280.

Question 26

Learned Treatises (California)

Answer 26

Admissible to prove anything if established as a reliable authority. ## Footnote Example: CEC 1341.

Question 27

Dying Declaration (California)

Answer 27

Declarant need not be dead, and admissible in civil and homicide cases. ## Footnote Example: CEC 1242.

Question 28

Declaration Against Interest (California)

Answer 28

Includes statements against penal, proprietary, or pecuniary interest, with corroboration required if offered to exculpate the accused. ## Footnote Example: CEC 1230.

Question 29

Authentication (California)

Answer 29

Evidence must be authenticated to be admitted. ## Footnote Example: CEC 1400-1454.

Question 30

Privileges (California)

Answer 30

Attorney-client, spousal, psychotherapist-patient, clergy-penitent, etc. ## Footnote Example: CEC 900-1070.

Question 31

Expert Opinion (California)

Answer 31

Based on reliable principles and helpful to trier of fact. ## Footnote Example: CEC 720.

Question 32

Lay Opinion (California)

Answer 32

Rationally based on perception and helpful to understanding testimony. ## Footnote Example: CEC 800.

Question 33

Impeachment (California)

Answer 33

Methods include contradiction, prior inconsistent statement, bias, interest, motive. ## Footnote Example: CEC 785.

Question 34

Prior Convictions for Impeachment (California)

Answer 34

Felonies involving moral turpitude are admissible. ## Footnote Example: CEC 788.

Question 35

Refreshing Recollection (California)

Answer 35

Use of writings to refresh witness memory. ## Footnote Example: CEC 771.

Question 36

Past Recollection Recorded (California)

Answer 36

Admissible if the record was made or adopted by the witness when the matter was fresh in the witness’s memory and accurately reflects the witness’s knowledge. ## Footnote Example: CEC 1237.

Question 37

Unavailable Declarant Definition (California)

Answer 37

Includes declarant's memory failing. ## Footnote Example: CEC 240.

Question 38

Present Sense Impression vs. Contemporaneous Statement (California)

Answer 38

Present sense impression describes or explains an event or condition made while or immediately after perceiving it. ## Footnote Example: CEC 1241.

Question 39

Excited Utterance vs. Spontaneous Statement (California)

Answer 39

Statement related to a startling event made while under stress of excitement. ## Footnote Example: CEC 1240.

Question 40

Learned Treatises (California)

Answer 40

FRE: Admissible to prove anything if established as a reliable authority. CEC: Limited to books on science or art, published maps, charts, not including medical treatises. Example: CEC 1341. ## Footnote Example sentence: CEC 1341.

Question 41

Spontaneous Statement (California)

Answer 41

FRE: Referred to as excited utterance. CEC: Broader application to narrate, describe, or explain perceived events while under stress. Example: CEC 1240. ## Footnote Example sentence: CEC 1240.

Question 42

Prior Consistent Statements (California)

Answer 42

FRE: Admissible if made before the alleged influence, or motive to fabricate. CEC: Admissible to rebut an express or implied charge of recent fabrication or improper influence or motive. Example: CEC 1236. ## Footnote Example sentence: CEC 1236.

Question 43

Prior Statements of Identification (California)

Answer 43

FRE: Admissible if declarant testifies and is subject to cross-examination. CEC: Admissible if fresh in witness's memory and testifies that the identification was a true reflection of opinion at that time. Example: CEC 1238. ## Footnote Example sentence: CEC 1238.

Question 44

Admission by Party Opponent (California)

Answer 44

FRE: Considered non-hearsay. CEC: Treated as hearsay exception. Example: CEC 1220. ## Footnote Example sentence: CEC 1220.

Question 45

Co-Conspirator Statements (California)

Answer 45

FRE: Admissible if made during and in furtherance of conspiracy. CEC: Admissible under the same conditions but more scrutiny on the declarant's availability and trustworthiness. Example: CEC 1223. ## Footnote Example sentence: CEC 1223.