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Law Outlines Evidence Outlines

Ca Distinctions Outline

Updated Ca Distinctions Notes

Evidence Outlines

Evidence

Approximately 58 pages

In-depth evidence outline gives the nuances of interpretations of the Federal Rules of Evidence in an easy-to-understand layout. Topics of this outline include: procedure and preliminary matters, character, impeachment, hearsay, the Confrontation Clause, expert witnesses, privileges, and California distinctions to the federal rules. This key gives each FRE number alongside each rule section, to allow you to get maximum points on your test. Also included: outline made in preparation for UBE/MBE ba...

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  1. California Distinctions

    1. California Distinctions

      1. Pre Prop 8 (and current civil rules)

        1. Specific Acts: CEC 787

          1. No evidence of specific acts allowed in to attack/support credibility

        2. Prior Convictions: CEC 788: W’s credibility may be attacked by evidence that she has been convicted of any felony, not just crimen falsi.

          1. Beagle: CEC 352 (FRE 403) limits all past convictions. No different test for crimen falsi or old acts. Balancing factors include:

            1. How prior convction reflects on honesty

            2. The nearness/remoteness in time of prior conviction

            3. Whether same/similar conduct is charged

            4. Adverse effect of admission on D’s willingness to testify

      2. Components of Prop 8

        1. Victim’s Bill of Rights: Cal Const art I, Sec. 28

        2. Right to Truth in Evidence: Sec 28(f)(2) (Specific Acts)

          1. Victims of crime have right to truth-in-evidence – “relevant evidence shall not be excluded in any criminal proceeding…”

        3. Use of Prior convictions: Sec 28(f)(4)

        4. Any prior felony conviction of any person in any criminal proceeding, whether adult or juvenile, shall subsequently be used without limitation for purposes of impeachment or enhancement of sentence in any criminal proceeding. When a prior felony conviction is an element of any felony offense, it shall be proven to the trier of fact in open court.

      3. Internal Inconsistency

        1. 28(f)(2) subjects relevant evidence to 352 balancing test

        2. 28(f)(4) puts not limitation on prior felony conviction use

        3. Castro reconciles these differences:

          1. Defense argument: Not applying 352 to prior convictions violates equal protection and due process

          2. AG argument: this is what the voters wanted

          3. Court: the “nothing in this section shall…” of (f)(2) trumps the “any”/”without limitation” of (f)(4). The purpose was to eliminate cases the Antick line of cases that applied 352 too rigidly to various cateogries of prior convictions, NOT TO ELIMINATE 352 BALANCING FROM PRIOR CONVICTIONS

            1. 14th amendment right to due process requires a rational connection b/w evidentiary fact (prior conviction) and inferred fact (witness’s truthfulness)

            2. Conviction evinces “general readiness to do evil” ie, moral turpitude.

            3. Rule: only felonies that are crimes of moral turpitude are admissible to impeach

            4. Held: Possession of heroin for sale should be admitted to impeach...

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