CAS Bar Evidence 1 — Questions and Answers
Question 1: What is the California Evidence Code's approach to hearsay?
- Hearsay is generally inadmissible unless it falls within a statutory exception (Correct answer)
- All hearsay is admissible in California courts
- Hearsay rules apply only in criminal cases
- California does not have hearsay rules
Correct answer: Hearsay is generally inadmissible unless it falls within a statutory exception
California Evidence Code Section 1200 defines hearsay and declares it inadmissible unless a specific statutory exception applies, such as business records, dying declarations, or excited utterances.
Question 2: What is the attorney-client privilege under California Evidence Code Section 954?
- A client has the right to refuse disclosure of confidential communications made between the client and attorney (Correct answer)
- The privilege only covers written communications
- Attorneys can waive the privilege without client consent
- The privilege expires after one year
Correct answer: A client has the right to refuse disclosure of confidential communications made between the client and attorney
Section 954 provides that a client has the privilege to refuse to disclose and prevent others from disclosing confidential communications between the client and their attorney.
Question 3: What is the physician-patient privilege in California?
- A patient can prevent their doctor from disclosing information communicated during treatment (Correct answer)
- There is no physician-patient privilege in California
- The privilege only applies to surgical procedures
- Only psychiatrists are covered by the privilege
Correct answer: A patient can prevent their doctor from disclosing information communicated during treatment
California Evidence Code Sections 990-1007 establish the physician-patient privilege, protecting confidential communications made during the course of treatment from disclosure.
Question 4: How does California treat character evidence?
- Character evidence is generally inadmissible to prove conduct on a specific occasion, with exceptions in criminal cases (Correct answer)
- Character evidence is always admissible
- Character evidence is only relevant in civil cases
- California has no rules about character evidence
Correct answer: Character evidence is generally inadmissible to prove conduct on a specific occasion, with exceptions in criminal cases
Under California Evidence Code Section 1101, character evidence is generally inadmissible to prove conduct but may be admitted to show motive, opportunity, intent, preparation, plan, knowledge, or identity.
Question 5: What is the best evidence rule under California Evidence Code?
- The original writing must be produced to prove its content unless an exception applies (Correct answer)
- Any copy of a document is always admissible
- The rule requires the best quality evidence available
- Electronic copies are never admissible
Correct answer: The original writing must be produced to prove its content unless an exception applies
California's secondary evidence rule (Evidence Code Sections 1520-1523) generally requires the original document to prove its contents, though copies may be admitted under various exceptions.
Question 6: What are prior inconsistent statements used for in California courts?
- Both to impeach the witness and as substantive evidence if made under oath at a prior proceeding (Correct answer)
- Only to impeach the witness's credibility
- Only as substantive evidence
- They are never admissible in California
Correct answer: Both to impeach the witness and as substantive evidence if made under oath at a prior proceeding
Under California Evidence Code Section 1235, prior inconsistent statements are admissible both to impeach credibility and as substantive evidence, regardless of whether they were made under oath.
CAS Bar Evidence 1
What is the California Evidence Code's approach to hearsay?