California Jury Instruction - Similar Acts Evidence - Rule 40 4b, FRE
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FAQ
California Code, Evidence Code - EVID § 402 (c) A ruling on the admissibility of evidence implies whatever finding of fact is prerequisite thereto; a separate or formal finding is unnecessary unless required by statute.
The most important evidence rules include that all evidence introduced at trial must be relevant and reliable, who is competent to serve as a witness, how lawyers can question witnesses, hearsay evidence rule, evidentiary privileges, the rule against character evidence, undue prejudice, confuse the issues, and mislead ...
?Preponderance of the evidence? means evidence that has more convincing force than that opposed to it. If the evidence is so evenly balanced that you are unable to say that the evidence on either side of an issue preponderates, your finding on that issue must be against the party who had the burden of proving it.
California Code, Evidence Code - EVID § 210 ?Relevant evidence? means evidence, including evidence relevant to the credibility of a witness or hearsay declarant, having any tendency in reason to prove or disprove any disputed fact that is of consequence to the determination of the action.
When character evidence is admissible, Rule 405 says that ?it may be proved by testimony about the person's reputation or by testimony in the form of an opinion.? It may not proved through evidence of specific events that illustrate the character trait in action.
The MIMIC Rule refers to the purposes for which a court will allow the introduction of evidence of prior crimes, wrongs, or actions of a defendant. Federal Rule of Evidence Rule 404(b) prohibits the use of such evidence for the purpose of proving a criminal disposition or character.
The best evidence rule is a rule of evidence that requires that original documents be used to prove the contents of writing, photograph or the like unless it is unavailable. If unavailable, then a duplicate may be used under the current evidence rules.
Generally, to be admissible, the evidence must be relevant) and not outweighed by countervailing considerations (e.g., the evidence is unfairly prejudicial, confusing, a waste of time, privileged, or, among other reasons, based on hearsay).