Term
| What is the TRUTH IN EVIDENCE rule? |
|
Definition
| In CRIMINAL CASES, this Cali Con Amendment makes ALL RELEVANT EVIDENCE ADMISSIBLE in a criminal case, even if objectionable under CEC. |
|
|
Term
| What are the EXCEPTIONS to Prop. 8? |
|
Definition
1. exclusionary rules under US Constitution, e.g., confrontation clause.
2. hearsay law
3. privilege law
4. limits of character evidence to prove D's conduct
5. limits on character evidence to prove victim's conduct
6. the secondary evidence rule
7. CEC 352: court has power to exclude if unfair prejudice substantially outweighs probative value. |
|
|
Term
|
Definition
| Unlike the FRE, CA requires that relevant evidence be IN DISPUTE. |
|
|
Term
|
Definition
1. subsequen remedial measures or repairs:
in CA, can introduce evidence of subsequent remedial measures to prove defective design in products liability action |
|
|
Term
| Settlements and Related Statements |
|
Definition
| CA also excludes discussions during mediation proceedings as well as settlement proceedings |
|
|
Term
| payment or offers to pay medical expenses |
|
Definition
| CA treats the same as settlement offers |
|
|
Term
|
Definition
| unlike the fre, ca makes inadmissible in CIVIL ACTIONS expressions of sympath relating to suffering or death of an accident vicctim. BUT, statements of fault made in connection with such an expression are not excluded. |
|
|
Term
|
Definition
| unclear if prop 8 makes this evidence admissible. raise it on the essay. |
|
|
Term
| Character evidence in civil cases |
|
Definition
NONE in CA
Under FRE, sexual assault allowed in civil cases |
|
|
Term
| Evidence of VICTIM'S CHARACTER in CRIMINAL case |
|
Definition
| in ca, D does not open the door when he introduces character evidence about victim EXCEPT AND ONLY IF he accuses the victim of VIOLENT character. |
|
|
Term
|
Definition
| in prosecution for crimes of D/V, prosecution may offer eivdence that d committed other acts of D/V |
|
|
Term
| Specific acts to prove character |
|
Definition
| NEVER ALLOWED IN CA!! REP/OPINION ONLY |
|
|
Term
| Hypnotized witness to refresh recollection before trial |
|
Definition
| excluded in california except if done by police in criminal case pursuant to measures that protect against suggestion |
|
|
Term
|
Definition
federal rules follow the Kuhmo tire test (publication, peer review, general acceptance, tested/retested)
Cali Frye test: the opinion must be based on principles generally accepted by experts in the field |
|
|
Term
| learned treatise exception |
|
Definition
in fre, as long as accepted authority in the field
in ca, only admissible to show matters of general notoriety or interest. very narrow exception |
|
|
Term
| prior inconsistent statements made under oath |
|
Definition
not hearsay in fre
hearsy but subject to exception in ca. broad, too. extends to all inconsistemtn statements regardless of whether made under oath or not. |
|
|
Term
| impeachment with prior felony |
|
Definition
| in ca, crime must involve moral turpitude (basically crimes except for those done negligently or unintentionally) |
|
|
Term
| impeachment with misdemeanors |
|
Definition
| not under cec, but under prop 8 can do so in criminla cases if involves moral turp. subject to balancing. |
|
|
Term
| no 10 year limit on admissibility of crimes/misdemanors of moral turp. |
|
Definition
|
|
Term
|
Definition
| yes in criminla cases because of prop 8 if act of MT. also, extinsic allowed. NOT allowed in fre |
|
|
Term
|
Definition
hearsay EXCEPTION IN CALI. Also, employees admissions can only be used if employer would also be responsible for employee's conduct under a respnodeat superior theory
under fre, admission if ee is acting in course and scope |
|
|
Term
| statement against interest |
|
Definition
under fre, must be financial or penal
in ca, it can also be social |
|
|
Term
|
Definition
| in ca, if party against whom it is offered was NOT present at earlier proceeding, then other party must have same interest |
|
|
