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Terms in this set (65)
ii. The constitution overrules the CEC.
1) Important Exceptions to Prop 8: (these objections are not overruled by Prop 8)
a) Exclusionary rules under US Constitution such as the Confrontation Clause
b) Hearsay law
c) Privilege law
d) Limits on character evidence to prove the Ds conduct
e) Limits on character evidence to prove victims conduct
f) The secondary evidence rule (CA version of the Best Evidence Rule
g) CEC 352 (court's power to exclude if unfair prejudice substantially outweighs probative value.
1) Important Exceptions to Prop 8: (these objections are not overruled by Prop 8)
a) Exclusionary rules under US Constitution such as the Confrontation Clause
b) Hearsay law
c) Privilege law
d) Limits on character evidence to prove the Ds conduct
e) Limits on character evidence to prove victims conduct
f) The secondary evidence rule (CA version of the Best Evidence Rule
g) CEC 352 (court's power to exclude if unfair prejudice substantially outweighs probative value.
i. RAISE ALL OBJECTIONS POSSIBLE UNDER EVIDENCE CODE
ii. FOR EACH OBJECTIONS, MENTION IF PROP 9 OVERRULES THE OBJECTION
a) (IS THE EVIDENCE RELEVENT)
b) DO ONE OF THE EXCEPTIONS TO PROP 8 APPLY)?
iii. EVEN IF THE EVIDENCE SEEMS RELEVENT UNDER PROP 8, YOU CAN ALWAYS BALANCE UNFAIR PREJUDICE AGAINST PROBATIVE VALUE UNDER CEC 352
ii. FOR EACH OBJECTIONS, MENTION IF PROP 9 OVERRULES THE OBJECTION
a) (IS THE EVIDENCE RELEVENT)
b) DO ONE OF THE EXCEPTIONS TO PROP 8 APPLY)?
iii. EVEN IF THE EVIDENCE SEEMS RELEVENT UNDER PROP 8, YOU CAN ALWAYS BALANCE UNFAIR PREJUDICE AGAINST PROBATIVE VALUE UNDER CEC 352