Evidence Flashcards

A witness testifies that she heard the defendant shout 'I'm going to kill you!' moments before the shooting. The defendant objects that this is hearsay. The court should rule:

Answer: Overruled, because verbal acts are not hearsay when offered for their operative legal effect or to show effect on the listener

A threat offered to show intent or effect on the listener is not hearsay because it is not offered to prove the truth of the matter asserted.

Under California Evidence Code § 1101, which of the following is the MOST accurate statement regarding character evidence in a civil case?

Answer: Evidence of a person's character is generally inadmissible to prove conduct, but may be admitted when character is directly in issue

Under CEC § 1101, character evidence to prove conduct is generally excluded, but is admissible when character or a character trait is itself directly in issue.

A party seeks to introduce a certified copy of a public record to prove its contents. The opposing party objects on authentication grounds. The court should rule:

Answer: Overruled, because certified copies of public records are self-authenticating under California law

Certified copies of official public records are self-authenticating under CEC § 1530 and need no extrinsic authentication evidence.

During cross-examination, opposing counsel asks a witness about a prior felony conviction for insurance fraud committed eight years ago. The witness is not the defendant. The court should:

Answer: Admit the conviction as relevant to the witness's credibility, subject to a discretionary balancing test

Under CEC § 788, prior felony convictions may be used to attack credibility, subject to the court's discretion to exclude under CEC § 352 if prejudice outweighs probative value.

A plaintiff in a personal injury case offers evidence that the defendant repaired a defective staircase railing after the plaintiff's fall. The defendant objects. The court should:

Answer: Exclude the evidence under the subsequent remedial measures rule as proof of negligence or culpable conduct

Evidence of subsequent remedial measures is inadmissible to prove negligence or culpable conduct under CEC § 1151, to encourage safety improvements.

A physician testifies as an expert witness and states that her opinion is based in part on medical records she reviewed but which were not admitted into evidence. Under California law, this is:

Answer: Proper, because experts may rely on materials reasonably relied upon by experts in their field, even if inadmissible

Under CEC § 801, expert opinions may be based on matters reasonably relied upon by experts in the field, including inadmissible materials such as medical records.

A defendant in a criminal case invokes the attorney-client privilege to block disclosure of a letter written by his attorney advising him how to destroy incriminating documents. The prosecution argues the crime-fraud exception applies. The court should:

Answer: Order an in camera review to determine whether the crime-fraud exception applies before ruling on privilege

When the crime-fraud exception is invoked, courts typically conduct an in camera review to determine if the communication was made in furtherance of a crime or fraud before ruling on the privilege.