Term
| What are the Fed and Cal rule numbers that allow Judges to be discretionary in Admitting most evidence? |
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Definition
Federal rule 403
California Evidence Code 352 |
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Term
| May liability insurance be admitted as evidence to pore negligence? |
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Definition
| No in Fed or Cal, but it may be used to show ownership, control or ability to pay. |
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Term
| May evidence of a retroactive repairs after an accident be used as proof of negligence or defective design? |
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Definition
No, in Federal except to rebut a claim of non-feasbility to fix the designs.
No, in Cal except for products liability to prove defective design. |
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Term
| May settlement offers be admitted to prove liability or fault? |
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Definition
| No, in Federal or Cal and Cal goes further to not allow mediation proceedings either. |
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Term
| Are offers to pay medical expenses admissible? |
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Definition
No, in Fed but may allow accompanying admissions of guilt
No, and no accompanying admissions of guilt in Cal. |
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Term
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Definition
No, federal rule
CEC are not admissible but accompanying statements of fault are. |
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Term
| What are the three types of character evidence? |
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Definition
Specific instances of Conduct (SIC)
opinion testimony(OT)
Reputation Within the Community (RT) |
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Term
| Possible character evidence issues? |
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Definition
offered in civil to prove defendant's conduct
criminal cases to prove defendant's conduct
offered in crime to prove victim's conduct
offered in rape to prove victim's sequel behavior |
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Term
| when may character evidence be offered to prove defendants conduct? |
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Definition
When independently significant not for character
In fed to prove molestation but not in Cal
When character is at issue |
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Term
| When can character evidence be admitted to prove defendant's conduct? evidnec |
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Definition
When article of character evidence is independently significant
character is at issue
Defendnat offers victim's character Proc can rebut in Fed and cal, while cal has a narrower only violent character rule
If the defendant opens the dourer by offering his good character in both Cal and Fed, however Fed only allows SIC evidence on Cross. |
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Term
| When can character evidence in Rape cases be used to prove fa victim's sexual behavior or disposition? |
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Definition
In Fed only SIC may be offered to prove source eof semen or injury and consent or avoid violation of defendant's constitutional rights
Cal only is admitted when the prosecution initiates an inquiry into victim's prior sexual conduct, defendant may rebut. |
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Term
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Definition
Fed: Pblication/peer review, low error rate, results are tested and there is ability to retest, and reasonable level of acceptance
Cal: Scientific opinion is reliable and admissible only if based on scientific principles that re generally accepted in the relevant scientific field. |
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Term
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Definition
Prior inconsistent statement of witness
felony convictions
misdemeanor convictions
SIC
evince of character for untruthfulness |
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Term
| What types of out of court statements are admissible as non-hearsay? |
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Definition
Prior inconsistent statements made under oath in fed, just in legal hearing in the CEC
prior consistent statements
prior statements of identification
admission by party-opponent
adoptive admission
vicarious admission-authorized spokes[erson
Vicarious admission-principal agent, both admissible in FED or CED but CEC has no rule just for employees employer relationships
vicarious admission of co-conspirators |
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Term
| What hearsay exceptions are allowed for an unavailable Declarant? |
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Definition
Former testimony is admisslbe in fed for simila parties from a common incident CEC only requires simile interest
statesments against interests CECincludes Social Interests
Dying delcaration Fd must believe dying, Cal must be dead and both must be related to cause of death.
Statesment offered against party procuring declarant's unavailablity |
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