13 February 2008

CA Evidence distinctions (per another request)

These charts are more or less available at:
http://www.survival-series.com/Pages/sspc_update.html
... home of the best bar prep materials I've gotten (Bar Breakers - highly recommended! Survival Kit too!)


Ancient Writings

CA requires 30 years (FED: 20)

Witness UNAVAILABLE when:
FED: Do not remember or refuse to testify
CA: These are NOT grounds for unavailability (considered available instead)

Offers to Pay Medical Expenses
FRE admission of fact (admissible) with offer to pay medical expenses (inadmissible)
CA excludes both.

Character of the Accused
CA: Defendant may introduce specific acts to prove victim’s character.

CA: can impeach W with any misdemeanor conviction involving moral turpitude in criminal cases.

Doctor-Patient privilege
CA (same as majority) privilege also to psychotherapist-patient.
But privilege does not apply in CA if need to disclose to protect patient from danger to self / others or <16 and disclosure in their best interest.

Eavesdroppers
CA: privilege holder can stop eavesdropper from revealing confidential info

DYING DECLARATION
CA (and Common law): W/V must be dead

SENSE IMPRESSION
SENSE IMPRESSION (FRE, not CL or CA)
CA admits contemporaneous statements made to explain, qualify or understand what the declarant is doing when spoke

PRIOR TESTIMONY
CA admit prior inconsistent statement as substantive evidence of its truth,
FRE statement must have been made under oath at prior hearing/trial/depo to be admitted for substance.
Both CA & FRE admit prior inconsistent statements for impeachment.

PHYSICAL STATE
CA admits statements of past bodily conditions made to anyone.

IDENTIFICATION
CA also requires 1) statement made while event was fresh in W’s memory; 2) W must testify as to prior identification and confirm that it was his opinion when made.

5 comments:

Anonymous said...

Truly thanks.

rg said...

Thank you so much for the distinctions and pointing me towards Adachi's website!!

One question for you....I was averaging around 60-65% on MBEs, and suddenly my scores are dropping. Not sure if its harder questions or having a fried brain?

Any suggestions would be helpful! Thanks!

Holden said...

MBE score dropping? Do more MBEs. Honestly, it's the only thing.

If you want more, check out Walton's "Strategies and Tactics" ... REALLY good book for MBEs (Holtz and other tutors seem to recommend it often, I really liked it, only the PM section of its practice test right now actually).

Focus now should be on memorization if your plan is anything like mine though, MBEs take second seat to memorization (or do more of both).

Hey, what do I know, better advice from someone who passed probably =)

rg said...

thank you very much for your help!

James said...

I will give you two cookies when I see you. Thank you.