California Evidence 2012 Courtroom Manual

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LexisNexis, Jun 9, 2012 - Law - 1478 pages
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This convenient manual is designed specifically for courtroom use. It offers attorneys and judges alike many trial-tested features that not only provide fast, accurate answers to evidentiary questions but also guide the user to the underlying authorities and secondary sources for further research.

Written by Eileen A. Scallen and Glen Weissenberger, two of the nation's most respected evidence scholars, California Evidence Courtroom Manual incorporates complete coverage of the California Evidence Code and California evidence case law.

Features Include:

•   Complete text of the California Evidence Code
•   Summaries of the current status of California law on each evidentiary issue
•   Recent significant cases
•   Quick California Evidence Update -- a summary of Evidence Code amendments and significant California case law for easy reference
•   Authoritative commentary and pointers for applying the law of evidence in actual practice
•   Analyses of current trends and new developments
•   Comprehensive chart comparing the California Evidence Code to the Federal Rules of Evidence
 

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Contents

Using This Book
124
California Evidence Update
131
CALIFORNIA EVIDENCE CODE
148
Presumptions and Inferences Article 1 General
153
Comparison of Handwriting by Trier of Fact
174
Applicability of Evidence Code
183
GENERAL
184
Act Prosecution 353 Effect of Erroneous Admission of Evidence
185
Religious Belief
789
HYPNOSIS OF WITNESSES
793
OPINION TESTIMONY AND SCIENTIFIC EVIDENCE Chapter 1 Expert and Other Opinion Testimony Article 1 Expert and Other Opinion Testim...
773
Statement of Basis of Opinion
802
Opinion Based on Improper Matter
803
Opinion Based on Opinion or Statement of Another
804
Opinion on Ultimate Issue
805
Evidence of Market Value of Property 810 Opinion on Ultimate Issue
809

Effect of Erroneous Exclusion of Evidence 355 Instruction on Limited Admissibility 356 Admissibility of the Whole Evidence to Provide Context f...
186
Refusal to Disclose News Source
275
Forfeiture of Hearsay Objection Due to Defendants Misconduct
309
Evidence
343
Code
388
PRELIMINARY PROVISIONS
396
Definition of Preliminary Fact
400
Definition of Proffered Evidence
401
Procedure for Establishing Existence of Preliminary Fact
402
Burden of Proof on Preliminary Facts Regarding Relevance
403
Application of Privilege Against SelfIncrimination
404
Burden of Proof on Preliminary Facts in Other Instances
405
Evidence Regarding Weight or Credibility of Evidence
406
WEIGHT OF EVIDENCE GENERALLY 410 Definition of Direct Evidence
410
WORDS AND PHRASES DEFINED
411
Effect of Weak Evidence
412
Adverse Inferences Regarding Evidence
413
Judicial Notice in General
450
Mandatory Judicial Notice
451
Permissive Judicial Notice 452 5 ComputerGenerated Records of Criminal Convictions
452
Requests Making Judicial Notice Mandatory
453
Determining Whether Judicial Notice is Appropriate
454
GENERAL PROVISIONS
465
Sex Act Prosecution
497
Effect of Erroneous Exclusion of Evidence
504
Admissibility of the Whole Evidence to Provide Context for Part
511
Personal Knowledge Authenticity Statement or Conduct of a Person
520
Application of Privilege Against SelfIncrimination
525
Burden of Proof on Preliminary Facts in Other Instances
527
Evidence Regarding Weight or Credibility of Evidence
530
Weight of Evidence Generally 410 Definition of Direct Evidence
531
Sufficiency of Direct Evidence
533
Effect of Weak Evidence
535
Adverse Inferences Regarding Evidence
536
JUDICIAL NOTICE 450 Judicial Notice in General 451 Mandatory Judicial Notice 452 Permissive Judicial Notice 452 5 ComputerGenerated Reco...
538
Presumption and Inference Defined
600
Classification of Presumptions
601
Statute Making One Fact Prima Facie Evidence of Another Fact
602
Presumption Affecting the Burden of Producing Evidence Defined
603
Effect of Presumption Affecting Burden of Producing Evidence
604
Presumption Affecting the Burden of Proof Defined
605
Effect of Presumption Affecting Burden of Proof
606
Effect of Certain Presumption in a Criminal Action
607
Presumption Affecting the Burden of Producing Evidence Defined
609
Effect of Presumption Affecting Burden of Producing Evidence
611
Presumption Affecting the Burden of Proof Defined
614
Effect of Presumption Affecting Burden of Proof
616
Conclusive Presumptions
618
Facts Recited in Written Instrument 623 Estoppel by Own Statement or Conduct
623
Estoppel of Tenant to Deny Title of Landlord
628
Presumptions Affecting the Burden of Producing Evidence
629
Presumption Affecting the Burden of Producing Evidence
630
Money Delivered by One to Another
631
Thing Delivered by One to Another
632
Obligation Delivered Up to the Debtor
633
Person in Possession of Order on Himself
634
Obligation Possessed by Creditor
635
Payment of Earlier Rent or lnstallments
636
Ownership of Things Possessed
637
Ownership of Property by Person Who Exercises Acts
638
Admissibility of Testimony of Hypnosis Subject
697
Value of Property
811
Concept of Market Value Not Affected
812
Opinion Testimony
813
Basis for Opinion
814
Sales of Subject Property
815
Comparable Sales
816
Leases of Subject Property
817
Comparable Leases
818
Capitalization of Income
819
Reproduction Cost
820
Conditions in General Vicinity of Subject Property
821
Inadmissible Evidence
822
Property With No Relevant Market
823
Application of Definitions
900
Presiding Officer
905
Waiver of Privilege
912
Comment on and Inferences from Exercise of Privilege
913
Duty to Exclude Privileged Information
916
Error in Overruling Claim of Privilege
918
Motion to Exclude Public from Criminal Proceeding Involving
1062
Immunity of Newsman From Citation for Contempt
1066
EVIDENCE AFFECTED OR EXCLUDED
1068
Defendant to Prove Conduct
1094
Character Trait for Care or Skill
1104
Evidence in Sexual Harassment Sexual Assault or Sexual
1106
Evidence of Another Sexual Offense by Defendant
1110
Evidence of Other Acts of Domestic Violence or Abuse of Elder
1115
Mediation
1115
Oral Agreement
1118
Professional Standards Review Organization
1169
Prohibitions
1172
Animal Experimentation in Product Liability Actions
1177
Expressions of Sympathy or Benevolence
1178
Physical Abuse
1184
The Hearsay Rule
1190
Multiple Hearsay
1201
CrossExamination of Hearsay Declarant
1203
Exceptions to the Hearsay Rule
1218
Adoptive Admission
1221
CoConspirator Statements
1223
Statement of Declarant Whose Right Title or Interest
1225
Statement of a Child in Parents Action for Childs Injury
1226
Declarations Against Interest in General
1230
Prior Statements of Deceased Declarant
1232
PRIOR STATEMENTS OF WITNESSES
1233
Prior Consistent Statements
1236
SPONTANEOUS CON TEMPORANEOUS
1238
Contemporaneous Statement
1241
Offered
1291
In General
1370
Statements Made by Elderly and Dependent Adults
1380
Authentication
1400
Subscribing Witnesss Testimony Unnecessary
1411
Authentication by Handwriting Evidence
1415
Comparison of Writing by Expert Witness
1418
Authentication by Content
1421
Domestic Official Signatures
1454
Secondary Evidence Rule
1521
Official Writings and Recorded Writings
1526
Official Record of Recorded Writing
1532
Copyright

Common terms and phrases

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