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36 Cards in this Set
- Front
- Back
- 3rd side (hint)
Proposition 8
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Proportion 8 is part of the California Constitution and applies to criminal cases. Under Prop. 8, all relevant evidence is admissible unless the evidence falls within an excemption.
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Logical Relevance-FRE
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Evidence is logically relevant if it tends to prove or disprove a material fact at issue.
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Under CEC, evidence is logically relevant if it tends to prove or disprove a material fact in dispute
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Logical Relevance-CA
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Under CEC, evidence is logically relevant if it tends to prove or disprove a material fact in dispute
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Legal relevance
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Even if the evidence is relevant, the court has discretion to exclude ithe evidence if its probative value is substantially outweighed by unfair prejudice, confusion, or waste of time
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1. Emotionally disturbing evidence.
2. Admissible for one purpose but for another purpose |
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Public Policy
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Liability insurance
Subsequent remedial measures or repairs Settlements, offers to settle and pleas Offers to pay medical expenses |
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Public Policy-Liabiity insurance
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Inadmissible to prove culpability or ability to pay
Admissible: To prove ownership or control To impeach As part of an ADMISSION |
The purpose of the policy is to encourage people to carry insurance
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Public Policy-Subsequent remedial measures or repairs
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Inadmissible to prove culpablity , or a defect in a product or its design, or a need for a warning
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The purpose of the policy is to encourage people to make repairs
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Public Policy-Settlement offers or negotiation, withdrawn guilty pleas and offers to plead guilty
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Inadmissible even for impeachment.
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Guilty plea itself is admissible.
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Public Policy-Requirements for Settlement offer
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Must a claim: There must be some indication, express or implied, that a party is going to make some kind of claim
Claim must be disputed as to liability or amount. |
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Withdrawn guilty pleas and offers to plead guilty-waiver
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The protection for plea negotiations may be validly waived unless there is an affirmative indication that D entered the waiver agreement unknowingly or involuntarily.
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Public Policy-Offer to pay medical expenses
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Inadmissible to prove culpable conduct
Admissible for al other purposes |
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Offer to pay medical expenses-Admissible
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Admission of fact accompanying offers to pay medical expenses
"I will pay your hospital bill. I shoud have droped that banana peel on the stairs." |
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Logical relevance-relatedness
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Evidence must relate to time, event, or person in controversy
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Releveant similar occurences
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RIPS CHIPS
Causation Prior false claim or same bodily injury Similar accidents or injuries cause by same event or condition Previous similar acts to prove intent Rebutting claim of impossibility Sales of similar property Habit Industrial or business routine Industrial custom as evidence of standard of care |
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Similar occurrences-Quality
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Whenever a similar occurence is offered to establish an inference about the subject occurence, the quality of the inference depends on the similarity between the other happening and the one in issue.
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Similar accidents or injuries caused by same event or condition
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Evidence of prior accidents or injuries is admissible to prove:
A defect or dangerous CONDITION EXISTED D had KNOWLEDGE of the defect and dangerous condition The defect or dangerous condition was the CAUSE of the present injury |
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Sales of similar property
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Evidence of prices quoted in mere offers is not admissible because to determine the sicerity of the offers would lead to collateral disputes.
Offers by a party to the present action to buy or sell the property may be admissible as admissions. |
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Absence of similar accidents
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Evidence of prior safety history and absence of complaints is admissible to show D's lack of knowledge of any danger
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Habit evidence
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Habit is one's regular response to a repeated specific situation
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Habit: she always takes a staircase two steps at a time
Character: She's always in a hurry |
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Industrial custom as evidence of standard care
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Although custom of the trade or business is admissible on the standard acre to be exercised, it is not conclusive
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Character Evidence
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General propensity or disposition
3 Questions The purpose for which evidence of character is offered The method to be used toprove character Civil or criminal case |
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The purpose for which the character evidence is offered?
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Direct evidence
Circumstantial Evidec Impeachment |
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Character-Direct evidence
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To prove character when character itself is ultimate issue in case
This is confined mostly to civil litigation |
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Character-Circumstantial evidence
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To serve as circumstantial evidence of how a perosn probably acted
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The method to be used to prove character?
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Opinion testimony
Testimony as to person's general reputation in Community Evidece of specific acts as demonstrating character |
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Character evidence-civil cases
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Inadmissible as circumstantial evidence to prove a person's general behavior patterns
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Civil case-Charcter directly in issue
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Any types of evidence (reputation, opinion, or specific acts) may be used to prove character when character is directly in issue
e.g., Defamation action |
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Character evidence-criminal cases-Accused
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D may introduce character evidence by personal opinion or reputation in community for the TRAIT involved in the case, but introducing specific acts of conduct
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Character evidence-criminal cases-Accused-Prosecution
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Prosecution cannot initiate
Prosecution may rebut via Cross-examination by referencing to specific instances of misconduct pertinent to the trait in question If W denies, prosecution may not prove them by extrinsic evidence (Limted to inquiry on cross-examination) via Testimony of other witnesses by reputation or personal opinion as to the particular trait involved |
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Character evidence-criminal cases-Victim
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D initiative
D may introduce reputation or opinion evidence of a bad character trait of the alleged crime victim when it is relevant to D innocence. Prosecution rebuttal Prosecution may counter with reputation or opinion evidence of (i) the victim's good character or (ii) the D's bad character for the same trait |
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Character evidence-Rape victim
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Inadmissible generally
Exception in criminal cases Evidence of sexual behavior by V offered to prove that a person other than the accused was the source of semen, injury, or other physical evidence is admissible Specific instances of sexual behavior betwee V and the accused are admissible by prosecution, or by D to prove consent. Evidence of V sexual behavior is admissible when its exclusion would violate D constitutional rights. |
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Specific acts of misconduct
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Generally inadmissible
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Specific acts-admissible
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Admissible if independently relevant
MIMIC Motive Intent Mistake or accident, absence of Identity Common plan or scheme-preparation Others (to prove opportunity or knowledge) |
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Specific acts-admissible
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Prior acts of sexual assualt or child molestation
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Hearsay
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Hearsay is an out of court statement offered for the purpose to prove the truth of the matter asserted.
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Limited Admissibility
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Admissible for one purpose or against one party, but not another
The court must, upon request, instruct the jury to retrict the evidence to its proper scope and instruct |
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