Evidence Ca -- Threshold Issues*

Front 1

CA Prop 8 Relevance

Back 1

(CRIMINAL) All relevant evidence admissible even if objectionable under the CEC.

Front 2

CA Prop 8 Exceptions
(6)

Back 2

1) Exclusionary Rules under US Const (Confront. Clause)
2) Hearsay law
3) Privilege Law
4) Character Evidence - Defendant
5) Character Evidence - Victim's Conduct
6) Secondary Evidence Rule
7) CEC 352 -- Unfair Prejudice Substantially Outweighing Probative Value)

Front 3

CA Prop 8 ATTACK PLAN
(3)

Back 3

1) Raise all objections under CEC
2) For each objection, does Prop 8 overrule objection
3) If Prop 8 allows, balance against 352

Front 4

CA Relevance
(3)

Back 4

1) Having any tendency
2) to make the existence of any fact of consequence
3) more or less probable
4)AND Fact of consequence must be in dispute

Front 5

CA Subsequent Remedial Measures

Back 5

Evidence of safety measures or repairs after an accident is inadmissible to prove culpable conduct.
NOT THIS: In products liability cases, it is inadmissible to prove defective product design.

Front 6

CA Settlements, Offers to Settle, and Related Statements

Back 6

Evidence of settlements, offers to settle, and related statements are inadmissible to prove liability or fault.
AND Mediation discussions

Front 7

CA Payments or Offer to Pay Medical Expenses

Back 7

Evidence of payments or offers to pay medical expenses is inadmissible when offered to prove liability for injuries in question.

Front 8

CA Expressions of Sympathy

Back 8

CA ONLY RULE
(CIVIL) Inadmissible -- expressions of sympathy re: suffering/death of accident victim

Admissible -- statements of fault in connection with such an expression

Front 9

CA pleas later withdrawn, offers to plea, related statements

Back 9

Evidence of pleas later withdrawn, offers to plea and related statements are inadmissible to prove guilt.
Includes pleas of nolo contendere.

(CRIMINAL) May be admissible, but balance with potential unfair prejudice; law UNCLEAR -- but consider policy that no one would bargain