California Bar Exam: Evidence Top Forecasted Exam Questions And Correct Answers
Logical RELEVANCEEvidence is logically relevant if it has any tendency to make the existence of any fact of consequences to the determination of the action more or less probable than it would be without the evidence. CA: Same as Federal Rule: Under the CEC, evidence is logically relevant if it tends to prove or disprove a material fact in dispute. Legal relevancelogically relevant evidence may be excluded if the probative value of the evidence is outweighed by its prejudicial effect. If the court finds that the probative value of the evidence outweighs its prejudicial effect, the evidence should be admitted. DISCRETIONARY EXCLUSIONA trial judge has discretion to exclude evidence if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, misleading the jury, undue delay, or waste of time. CA: Same as Federal Rule. Proposition 8 makes all relevant evidence admissible in criminal cases subject to CEC 352 balancing and a few other exceptions
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- Subido en
- 16 de marzo de 2024
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- 2023/2024
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