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CA Bar - Evidence Distinction Questions & answers latest update 2024/2025 with complete solution
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CA Bar - Evidence Distinction Questions & answers latest update 2024/2025 with complete solution
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STUVIA 2024/2025CA Bar - Evidence Distinction
- court's determination of a preliminary question of fact governing admissibility;
- grand jury proceedings; and
- criminal proceedings for issuance of a search or arrest warrant, preliminary examination, extradition
or rendition, consideration of bail, sentencing, probation, supervised release. - ✔✔FRE does not
apply to
An exception to the contemporary objection rule in which a highly prejudicial error substantially affects
the rights of the accused such that a failure to correct the error on appeal, even if an objection was
not made at the hearing or trial at the time of the alleged error, would result in a miscarriage of justice.
- ✔✔Plain Error
The court's acceptance of a fact as true without requiring formal proof.
Adjudicated facts are facts at hand that are typically decided by a jury. Subject to judicial notice if the
fact is not subject to reasonable dispute because
(1) generally known within the community; or
(2) can be accurately and readily determined from reliable sources.
%
In instructing the jury,
- Civil case: the jury MUST be instructed to accept the noticed fact as CONCLUSIVE.
- Criminal case: the jury MUST be instructed that it MAY OR MAY NOT accept the judicially noticed
fact as conclusive.
**In CA, for both criminal and civil proceedings, the jury MUST be instructed to accept the judicially
noticed fact as conclusive in both. - ✔✔Judicial Notice*
- Leading question
- Compound question
- Assumes facts not in evidence
- Argumentative
- Calls for conclusion/opinion
- Repetitive
- Lack of foundation - ✔✔Form of Questions - Objections (7)
The court must exclude witnesses from the courtroom so they do not hear the testimony of other
witnesses, except for:
1. natural person parties to the case;
2. representatives of non-natural person parties;
3. persons essential to a party's presentation of the case; and
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4. persons whose presence is permitted by statute (e.g. victim). - ✔✔Exclusion of Witnesses
Generally raises a rebuttable presumption that the evidence would be unfavorable to the destroying
party if the other party establishes
(i) destruction was intentional,
(ii) evidence is relevant, and
(iii) alleged victim acted with due diligence as to the destroyed evidence. - ✔✔Destruction of
Evidence Presumption
FRE: Evidence is relevant if probative and material.
- Probative = evidence has a tendency to make a fact more or less probable than it would be without
the evidence.
- Material = evidence is of consequence in determining the action.
CEC: Evidence must have a tendency to prove or disprove a disputed fact to be probative, and
therefore relevant.
Generally, relevance depends on existence of fact; however, may be admitted on condition that proof
is later introduced. - ✔✔Relevance*
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FRE: if the probative value is substantially outweighed by the danger of unfair prejudice, relevant
evidence will be excluded.
CA: Prop 8 states that relevant evidence shall not be excluded in any criminal proceeding unless
subject to an exemption (e.g. CEC privileges or hearsay) - ✔✔Rule 403 Exclusion of Relevant
Evidence*
Proposition 8 (Prop 8) is an amendment to the CA constitution that states, in relevant part, that all
relevant evidence is admissible in a criminal trial. However, Prop 8 makes an exception for balancing
under CEC 352, which gives the court discretion in excluding relevant evidence if its probative value
is substantially outweighed by the risk of unfair prejudice, confusion of issues, or misleading the jury. -
✔✔Proposition 8 (CA)
Character evidence is generalized information about a person's behavior offered to prove that they
acted in conformity with their character on a particular occasion.
In civil cases, character evidence is generally inadmissible for that purpose.
However, such evidence is admissible when character is an essential element of a claim or defense
(defamation, negligent hiring / entrustment, child custody).
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