Evidence - FRE & CEC

Question 1

What is the normal balancing standard under FRE 403 & CEC 352?

Answer 1

admit UNLESS PE&raquo_space; PV (substantially outweighs)

Question 2

What does “stricter balancing” refer to? (FRE)

Answer 2

admit if PV > PE (just outweighs; note: not reverse of normal balance)

Question 3

What does “strictest balancing” refer to? (FRE)

Answer 3

admit if PV&raquo_space; PE (substantially outweighs; note: reverse of normal balancing)

Question 4

Answer 4

Question 5

What is a crime involving moral turpitude (CA)?

Answer 5

lying, violence (not simple assault), theft, extreme recklessness & SA.

Question 6

Answer 6

Question 7

Do Federal courts allow impeachment through prior bad acts?

Answer 7

CIVIL & CRIMINAL- only for LYING acts, NO others. ONLY by cross-exam, NOT by EE.

Question 8

Does California allow impeachment through prior bad acts?

Answer 8

CIVIL- NO, the CEC doesn’t allow non-conviction bad acts in any way (not EE & not through cross exam.)

CRIMINAL-YES, Prop 8 overrides the CEC, so non-conviction MORAL TURPITUDE bad acts are allowed in as both EE & cross exam (subject to CEC 352 balancing). ONLY MT bad acts though bc other acts not relevant to impeachment.

Question 9

In federal criminal cases…

Answer 9

Chart is for federal criminal cases ONLY. Note that in civil cases, juvenile convictions can NEVER be used.

Question 10

When would Federal courts use California evidence rules?

Answer 10

in diversity cases, ONLY for privilege, competency, and the effect of presumptions