CAS Bar Evidence

Question 1

What is the California Evidence Code's approach to hearsay?

Accepted Answer

Hearsay is generally inadmissible unless it falls within a statutory exception

Answer

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?

Accepted Answer

A client has the right to refuse disclosure of confidential communications made between the client and attorney

Answer

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?

Accepted Answer

A patient can prevent their doctor from disclosing information communicated during treatment

Answer

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?

Accepted Answer

Character evidence is generally inadmissible to prove conduct on a specific occasion, with exceptions in criminal cases

Answer

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?

Accepted Answer

The original writing must be produced to prove its content unless an exception applies

Answer

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.

(CAS Bar) California State Bar Exam Practice Test

(CAS Bar) California State Bar Exam Practice Test

CAS Bar Evidence