Evidence Flashcards

At trial, a party offers a recorded recollection to refresh a witness's memory after the witness states she cannot remember the relevant events. The opposing party objects. The court should rule that the recorded recollection is:

Answer: Admissible as a hearsay exception if the witness once had knowledge, the record was made when the memory was fresh, and the record accurately reflects the prior knowledge

Under CEC § 1237, a recorded recollection is admissible if the witness once had knowledge, the record was made when the memory was fresh, and it accurately reflected that knowledge.

In a criminal prosecution, the defendant seeks to introduce evidence that a third party committed the crime. The prosecution objects that the evidence is speculative. Under California law, the court should:

Answer: Admit the evidence if it is capable of raising a reasonable doubt about the defendant's guilt and is not speculative

California courts admit third-party culpability evidence if it is not speculative and is capable of raising a reasonable doubt as to the defendant's guilt.

A party seeks to admit a diagram prepared by an expert witness as a demonstrative exhibit during trial. The diagram was not produced in pretrial discovery. The court should:

Answer: Exclude the diagram as a discovery sanction and because demonstrative exhibits must be disclosed pretrial

Demonstrative exhibits prepared by experts must be disclosed during discovery, and failure to disclose can result in exclusion as a sanction.

Under the California physician-patient privilege, which of the following communications is NOT protected?

Answer: Medical information disclosed in a criminal proceeding where the patient has placed her physical condition at issue

Under CEC § 996, the patient-litigant exception eliminates the physician-patient privilege when the patient places her physical condition at issue in litigation.

A party offers a business record that contains entries made by an employee who is now deceased. The record was created in the ordinary course of business at the time of the events recorded. The court should:

Answer: Admit it under the business records exception because the foundational requirements are met regardless of the declarant's availability

The business records exception under CEC § 1271 does not require the availability of the person who made the entries; the custodian or other qualified witness may lay the foundation.

During a civil trial, counsel asks a witness on direct examination a leading question. The opposing party objects. The court should:

Answer: Sustain the objection as a general rule, but the court has discretion to allow leading questions for preliminary or undisputed matters

Leading questions are generally improper on direct examination under CEC § 767, but courts have discretion to allow them for preliminary background matters or when dealing with a hostile or adverse witness.

A defendant charged with battery seeks to admit evidence of the victim's prior violent acts to support a claim of self-defense. Under California law, this evidence is:

Answer: Admissible to show the defendant's reasonable fear, provided the defendant knew of the prior acts at the time of the incident

Evidence of the victim's prior violent acts is admissible to support self-defense only if the defendant had knowledge of those acts at the time of the alleged incident, as it bears on the reasonableness of the defendant's apprehension.