Seeing as the California Bar Exam, and probably countless other bar examinations, are taking place this week, and after being able to blog about res judicata, I thought it was only fitting to delve into some of the other trickier areas of the law that are sometimes tested on the Bar.
The "other" Proposition 8 is a series of related criminal and evidence laws. The proposition was passed by means of a voter initiative in 1982, as an amendment to the constitution, and later codified into related statutes, in response to a perceived need for a victim's bill of rights. It has also been amended and added to substantially, by a law called Marsy's Law, passed in 2008.
The bulk of the law that can be probed on the Bar Exam deals with the "truth in evidence" components. It starts out stating that all relevant evidence is admissible. It is further qualified by the following, found in Section 352:
The court in its discretion may exclude evidence if its probative value is substantially outweighed by the probability that its admission will (a) necessitate undue consumption of time or (b) create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury.
Thus, while it is tempered by undue prejudice and time restraints, almost anything can be used as evidence in a criminal case. This is remarkable, because in federal cases, there are many things excluded from criminal cases. In addition to the general type of evidence, there are also special rules for character evidence, which in federal cases is almost never admissible, unless a defendant opens the door to the issue.
As I had to wipe away the cobwebs in my brain on this one, I am certain that there are details and nuances that I am not capturing here. California Evidence is in fact a separate class from that on Federal Evidence, meaning that future lawyers study it for months wholly aside from actually using it in practice.
This only reinforces the importance of having a knowledgeable and qualified attorney who deals with these intricate evidentiary issues on a daily basis.
In any case, there you have a basic introduction to California's other Proposition 8.
You May Also Like...
Bankruptcy – Business
Bankruptcy – Personal
Criminal Law – Appellate
Criminal Law – Federal
Criminal Law – State Felony & Misdemeanor
Drunk Driving Defense
Dumb or Weird Laws
GM Ignition Switch
Stryker Hip Replacement
Intellectual Property Law
Labor & Employment Law
Landlord Tenant Law
Personal Injury – Defendant
Personal Injury – Plaintiff
Social Security Disability
Weird Law Friday
Trending Searches#TBT #ThrowbackThursday constitutional law Criminal Law - State Felony & Misdemeanor dangerous or defective products divorce DUI dumb laws estate planning Events that Changed History Family Law FAQ first-amendment product-recall products liability random laws recall safety recall strange laws weird laws