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10 Cards in this Set
- Front
- Back
CA Testimonial Evidence
Competency Requirements (5) |
1) Personal knowledge
2) Present recollection 3) Communication 4) Sincerity AND 5) Witness must also understand legal duty to tell truth |
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CA Expert Opinion -- Scientific Facts
Kelley Frye |
Reliability of scientific opinions determined by PRINCIPLES GENERALLY ACCEPTED BY EXPERTS IN FIELD
Prop 8 does not apply |
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CA Expert Opinion -- NON-Scientific Facts
Kelley Frye |
Facts and circumstances
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CA Learned Treatise Hearsay Exception
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Only to show matters of general notoriety or interest
(NARROW -- almost never applicable) |
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CA Impeachment with Prior Inconsistent Statement
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Not hearsay, admissible
same as Fed |
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CA Truth of Matter Assert -- Prior Inconsistent Statement
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Hearsay, but admissible under CA exception that allows all inconsistent statements regardless of whether under oath or not
different from Fed |
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CA Impeachment -- Prior Felony Conv
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Felonies re moral turp admissible -- admissible, w/ Court balancing for unfair prejudice
Felonies not re moral turp -- inadmissible If not moral turp -- irrelevant, Prop 8 cannot save Age of conviction immaterial, subject to balancing |
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CA Impeachment -- Moral Turpitude Crimes
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Lying, violence, theft, extreme recklessness, sexual misconduct (not negligent, involuntary acts)
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CA Impeachment -- Misdemeanor Convictions
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CIVIL -- Inadmissible to impeach
CRIMINAL Prop 8 allows if moral turp involved subject to balancing Age of conviction immaterial, subject to balancing |
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CA Impeachment -- Non-Conviction Misconduct Bearing on Truthfulness
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CIVIL Inadmissible
CRIMINAL Prop 8 allows if moral turp subject to balancing, both 1) cross-examination and 2) extrinsic evidence allowed |