Really Relevant
The "F" Word
Foundational Concepts
Expert Opinion
Issues with Issues
100
Having any tendency in reason to prove or disprove any disputed fact.
What is Logical Relevance
100
Testimony
What is the Witness must be competent to testify and have personal knowledge
100
Expert Opinion
What is a subject beyond common experience; 2) Witness has special knowledge; 3) Opinion based on reliable, but not necessarily admissible matter
100
Opposing attorney can ask any question actually quoting contents of hearsay source.
What is Cross Exam
100
Universally known facts, state and federal law
What is compulsory judicial notice
200
More prejudicial than probative
What is CEC 352
200
Must prove that the object is what it purports to be
What are Physical Objects (Real Evidence)
200
Property, place, object, demonstration and experiment
What is Jury view outside of courtroom
200
Scientific articles, depositions of non-parties, statements, investigative reports, etc.
What is expert's reliance on inadmissible evidence
200
1) General acceptance within relevant scientific community 2)By properly qualified expert 3)Proper scientific procedures followed
What is the Kelly Rule
300
CEC 210
What is Relevant Evidence Defined
300
Must prove what the document purports to be
What are writings requirement for authentication
300
Issue not testified about during a deposition.
What is experts preclusion from testifying in trial
300
Hearsay documents relied on by an expert can be referred to on direct if a learned treatise - established as a reliable authority.
What is the reliable authority exception for experts relying on inadmissible evidence
300
Hyatt v. Sierra Boat Compaby
What is the court's wide discretion as to the form of hypothetical questions.
400
5 elements
What are the definitions of relevant evidence
400
Must be a fair representation of evidence illustrated - must be substantially similar
What is demonstrative evidence
400
Deponent over 150 miles away.
What is Foundation necessary to read deposition to jury
400
Waives the right to claim error on appeal.
What is failure to object to an improper hypothetical question.
400
1)Accurately depicts content; 2)Does not contain objectionable material
What are audio video recordings
500
Relevant Evidence defined
What is 1)Including evidence relevant to the credibility of a witness or hearsay declarant 2)Having any tendency to prove or disprove 3)any disputed fact 4)that is of consequence to the determination of the action
500
Only if acceptable for layperson to form based on perception of witness, and helpful to a clear understanding of his/her testimony
What is Lay Opinion
500
Expert video deposition allowed even if expert available to testify.
What is notice given under CCP 2025.220
500
The assumed facts may be disputed so long as there is evidence to support and are not unfair or misleading.
What is eliciting expert opinions with hypothetical questions.
500
1)Testimony based on sufficient facts or data 2)is the product of reliable principles and methods, and 3)Witness has applied the principles and methods reliably to the facts
What is the Daubert Rule