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Flashcards in Evidence Distinctions Deck (37)
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1
Q

What is the difference between fre and cec rules on relevance?

A

Cec says that evidence is only relevant if it goes to a disputed fact

2
Q

What is the difference with subsequent remedial measures?

A

Cec permits evidence of subsequent remedial measures to prove defective design in products liability cases

3
Q

What’s the difference with settlement offers?

A

Cec also prohibits evidence of communications made in mediation

4
Q

What’s the difference with offers to pay medical expenses?

A

Cec does not admit accompanying admissions of fact

5
Q

Expressions of sympathy?

A

Inadmissible in Cali civil cases, though accompanying admissions of fact are admissible. Fre does not have such rule.

6
Q

Prior sexual assault or child molestation case in civil cases?

A

Fre allows evidence of prior sexual misconduct in civil cases. Cali does not.

7
Q

Rebutting victim’s bad character?

A

Fre allows evidence of defendant’s character for same trait when defendant admits evidence of victim’s character. Cec only allows evidence of defendants violent character of defendant offered evidence of victim’s violence.

8
Q

Prior sex assault, child molestation, elder abuse, domestic violence.

A

Both allow evidence of prior sex assault or child abuse. Cali also allows evidence of prior elder abuse and dv.

9
Q

Specific instances of conduct?

A

Fre only on cross to prove wit’s lack of knowledge. Cre allows sic on direct and cross.

10
Q

Victim’s peaceful character in a homicide?

A

Fre admissible to rebut that victim was the aggressor. Cec, no rule.

11
Q

Sic victim’s sexual behavior in a rape case?

A

Fre can prove someone other than defendant caused semen or injury. Cec only if victim’s prior sexual conduct was with defendant, or if prosecution opens door to victim’s prior sexual conduct.

12
Q

Conclusiveness of judicial notice?

A

Fre only in civil cases, cec both civil and criminal.

13
Q

Ancient documents?

A

Cec 20 years

Fre 30 years

14
Q

Business records and trade inscriptions?

A

Fre self authenticating. Not under cec.

15
Q

Handwritten copies for best evidence?

A

Fre, handwritten copies not duplicates. Cec, handwritten copies are duplicates Ms.

16
Q

Witness competency

A

Cec also requires witness understand oaths.

17
Q

Differences in expert testimony?

A

Fre follows daubert, cec follows Frye (opinion based on generally accepted scientific principles)

18
Q

Prior inconsistent statements?

A

Fre nonhearsay is made under oath. Cec nonhearsay if offered to impeach, otherwise a hearsay exception.

19
Q

Prior convictions

A

Fre no discretion to exclude convictions for dishonesty crimes unless 10 years old. Cec, misdemeanors can’t be used to impeach in civil cases, can be used in criminal cases if they involve turpitude, subject to balancing.

20
Q

Impeachment by sic/bad acts?

A

Fre can ask about sic on cross that constitute acts of lying, subject to balancing, no extrinsic evidence.

Cec in civil cases, sic inadmissible through cross or extrinsic evidence. Cec allows sic of turpitude in criminal cases on cross and through extrinsic evidence.

21
Q

Sequestration?

A

Fre mandatory unless witness in exempted category. Cec, court has discretion to sequester.

22
Q

Privilege

A

Fre, based in common law. Cec, based in statute.

23
Q

Attorney-client privilege

A

Fre, privilege applies after client’s death. Cec, privilege ceases after client’s estate distributed.

24
Q

Doctor-patient privilege

A

Fre doesn’t have a rule. Cec privileges communication with licensed Dr. (or his staff) for diagnosis or treatment only in civil cases.

25
Q

Spousal immunity

A

Fre only applies spousal immunity to witness spouse in criminal case. Cec applies spousal immunity to civil and criminal cases and includes domestic partners.

26
Q

Confidential marital communications

A

Fre, can be claimed by both spouses. Cec includes domestic partners.

27
Q

Journalist privilege

A

Cec can’t hold journalist in contempt for refusing to reveal a source. Fre no privilege.

28
Q

Prior statement of identification

A

Fre nonhearsay. Cec, hearsay exception if wit made id when memory fresh, confirms in court that prior id truly reflected her opinion at the time.

29
Q

Statement made by opposing party/party admission

A

Fre nonhearsay, cec hearsay exception.

30
Q

Adoptive admission

A

Fre nonhearsay. Cec hearsay exception.

31
Q

Grounds for witness unavailability

A

Fre and cec acknowledge privilege, lack of memory, death, absence, physical illness. Fre recognizes refusal to testify. Cec does not acknowledge refusal to testify unless fear based on threats.

32
Q

Statements against interest

A

Fre and cec include statements against financial and criminal interest. Cec also includes social interest. Fre requires corroboration, cec does not.

33
Q

Dying declaration

A

Fre only applies if civil case or homicide and declarant unavailable. Cec allows dying decorations in all cases, but declarant must be dead. Both require the statement concern what killed him.

34
Q

Past physical condition

A

Cec allows statement of past physical condition where declarant unavailable and condition at issue in the case. Fre has no such rule.

35
Q

Statement describing infliction/threat of injury

A

Under cec, where unavailable declarant describes threat or infliction of injury, admissible if made at or near time of threat/injury, circumstances indicate trustworthiness, statement is in writing, recorded, made to leo or medical personnel. Fre has no such rule.

36
Q

Learned treatise

A

Fre allows where expert acknowledges treatise as authoritative. Cec applies learned treatise only to facts of general notoriety and interest.

37
Q

Genuineness of handwriting

A

Fre goes to jury, cec, determined by Judge