Character Evidence
Privileges
Right of Privacy
Parol Evidence/Other
352
100

When character evidence is admissible it can be presented in ---

What is: (1) an opinion, (2) evidence of reputation, or (3) a specific instance of a person's conduct.

100

This privilege is often considered the most fundamental for attorneys and protects private communications.

What is attorney-client privilege?

100

This section of Article I of the California Constitution declares privacy to be an inalienable right.

What is section 1

100

A writing which is a final expression of agreement may not be contradicted by any evidence of...

What is: (1) a prior agreement or, (2) a contemporaneous oral agreement.

100

A lawyer wants to enter the same photo of a wrecked bumper ten separate times, adding nothing new each time. 352 lets a judge cut this kind of repetitive evidence for being...

What is cumulative?

200

Habit or custom is __ to prove conduct on a specified occasion in conformity with the habit or custom. 

What is: admissible. 

200

This privilege is derived from the 5th Amendment of the United States Constitution.

What is Self-Incrimination? 

200

To succeed on a privacy claim under Article I, Section 1 of the California Constitution, a plaintiff must show their expectation of privacy was of this kind.

What is a reasonable expectation?

200

What public policy limitation prevents a lawyer from introducing the opposing counsel's following statement: "If you agree to 120,000$ we'll settle this right now; we know we're not going to win this." 

What is: Statements Made in Mediation (CEC 1119)

200

This is the word 352 uses for evidence that inflames or biases the jury beyond what it's actually worth as proof.

What is prejudicial?

300

The work product of an attorney, other than a writing, is not discoverable unless...

What is: denial of discovery will unfairly prejudice the party seeking discovery in preparing that party's claim or defense, or will result in an injustice.
300

This privilege was constrained in the California Supreme Court case of Tarasoff v. Regents of the University of California.

What is psychotherapist-patient privilege?

300

An employer secretly installs a hidden camera in the employee bathroom to catch someone stealing. An employee sues, claiming this section of the California Constitution was violated.

What is Article I, Section 1?

300

An offer of compromise or a payment made out of humanitarian motives cannot be introduced in court to prove this specific civil legal element.

What is liability?

300

A lawyer wants an hour to walk through a witness's entire work history when only six months matter. 352 lets a judge block this for wasting what resource?

What is time?

400
This exception to Character Evidence allows opposing counsel to introduce our client's prior history of petty theft in their most recent forgery case to show a pattern of attacks. 

What is CEC 1102 Criminal Defendant's Opinion and Reputation to Prove Conduct CCT&E 8:2963

400

Under California Evidence Code Section 1060, a business owner can invoke this specific legal privilege to refuse to disclose proprietary commercial information in court, provided it doesn't work an injustice or conceal fraud.

What is the trade secrets privilege?

400

A hospital employee accesses a celebrity patient's confidential medical file and leaks it to a tabloid without consent. This category of privacy interest is at stake.

What is informational privacy?

400

During trial, plaintiff's counsel tries to ask a defendant driver whether he had auto insurance at the time of the crash, hoping the jury will infer he was at fault. Defense counsel objects, citing this Evidence Code section.

What is Defendant's Liability Insurance CEC 1155?

400

352 lets a judge exclude evidence that would confuse the jury about this.

What are the issues in the case?

500

This exception to Character Evidence allows opposing counsel to introduce our client's previous domestic sexual assault case in 2020 in the most recent sexual battery case.

What is: CEC 1108 Evidence of Defendant's Commission of Other Sexual Offenses in Criminal Actions Involving Sexual offenses CCT&E 8:2964.4
500

Under California Evidence Code 1033, this specific person holds the primary privilege to refuse to disclose and to prevent others from disclosing a confidential religious confession.

Who is the penitent?

500

A university requires all incoming freshmen to submit to mandatory drug testing before they're allowed to move into the dorms. A student sues under this section of the California Constitution.

What is Article I, Section 1?

500

A landlord fixes a broken stair right after a tenant's fall. This Evidence Code rule keeps that repair from being used to prove the landlord was negligent in the first place.

What is Evidence Code 1151, subsequent remedial measures?

500

This is the legal term for how much a piece of evidence actually helps prove a disputed fact, the value 352 weighs against prejudice.

What is probative value?

M
e
n
u