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California Evidence (4th), Circumstantial Evidence
I. IN GENERAL
A. [§1] Distinction Between Direct and Circumstantial Evidence.
B. [§2] Testimony as Circumstantial Evidence.
II. RELEVANCY AND MATERIALITY
A. Definitions and Distinctions.
1. [§3] Materiality.
2. [§4] Relevancy.
B. Admissibility and Exclusionary Rules.
1. In General.
(a) [§5] Admissibility of Relevant Evidence.
(b) [§6] Exclusion of Irrelevant Evidence.
(c) [§7] Exclusion of Relevant Evidence Under Exclusionary Rules.
(d) Exclusion of Relevant Evidence for Policy Reasons.
(1) [§8] In General.
(2) [§9] Miscellaneous Exclusionary Rules.
2. Evidence on Uncontested Issue.
(a) [§10] General Rule of Exclusion.
(b) Exceptions and Distinctions.
(1) [§11] Factual Description of Injury.
(2) [§12] Defective Admission or Stipulation.
(3) [§13] Evidence Relevant on Distinct Issue.
(4) [§14] Prosecution's Evidence on Element of Crime.
(c) Stipulation on Prior Conviction.
(1) [§15] Former Rule.
(2) [§16] Effect of Proposition 8.
3. Discretionary Exclusion Under Ev.C. 352.
(a) [§17] Statutory Balancing Test.
(b) [§18] Power Confirmed by Proposition 8.
(c) [§19] Judge's Duty To Exercise Discretion.
(d) [§20] Procedure Under Ev.C. 352.
(e) Particular Grounds.
(1) [§21] Evidence Prejudicial to Prosecution.
(2) [§22] Evidence Prejudicial Only to Codefendant.
(3) [§23] Confusion of Issues and Misleading Jury.
(4) [§24] Undue Consumption of Time.
(5) [§25] Distinction: Unfair Surprise.
C. Test of Relevancy.
1. [§26] General Principles.
2. [§27] Civil Cases.
3. [§28] Criminal Cases.
4. [§29] Negative Evidence.
D. Limited Admissibility.
1. In General.
(a) [§30] Nature of Doctrine.
(b) [§31] Procedural Rules.
(c) [§32] Doctrine in Bifurcated Trial.
(d) [§33] Deletion of Inadmissible Matter.
2. Illustrations.
(a) [§34] Civil Cases.
(b) [§35] Criminal Cases.
E. Entire Act To Explain Part.
1. [§36] Rule and Theory.
2. [§37] Limitation: Matters Related to Part.
III. PARTICULAR KINDS OF CIRCUMSTANTIAL EVIDENCE
A. Character.
1. Nature and Distinctions.
(a) [§38] Moral Character.
(b) Character for Care or Skill Inadmissible.
(1) [§39] Exclusionary Rule.
(2) [§40] Other Accidents of Driver.
(3) [§41] Habit Distinguished.
(c) [§42] Character To Prove Conduct Inadmissible.
2. Methods of Proof.
(a) [§43] In General.
(b) [§44] Reputation.
3. Proof of Character in Civil Cases.
(a) In General.
(1) [§45] Character in Issue.
(2) [§46] Manner of Proof.
(b) Action for Sexual Assault or Harassment.
(1) [§47] Nature and Purpose of Statutes.
(2) [§48] Limited Admissibility of Evidence.
(3) [§49] Manner of Proof.
4. Proof of Character in Criminal Cases.
(a) Character of Defendant.
(1) Admissibility.
(aa) [§50] Bad Character Initially Excluded.
(bb) [§51] Good Character Admissible.
(cc) [§52] Bad Character in Rebuttal.
(dd) [§53] Character for Violence.
(2) Manner of Proof.
(aa) [§54] Reputation.
(bb) [§55] Opinions.
(cc) [§56] Specific Acts.
(b) Character of Victim.
(1) [§57] Admissibility.
(2) Manner of Proof.
(aa) [§58] Reputation and Opinions.
(bb) [§59] Specific Acts.
(c) [§60] Character of Victim's Associates.
(d) Character of Victim in Sex Case.
(1) [§61] Former Law and Statutory Revision.
(2) [§62] Manner of Proof.
(3) [§63] Restrictions on Admissibility.
(4) [§64] Illustrations.
(5) [§65] Instructions.
(6) [§66] Federal Rules of Evidence.
B. Habit or Custom of Party.
1. Admissibility To Prove Conduct.
(a) [§67] General Rule.
(b) [§68] Doing of Act.
(c) Due Care or Negligence.
(1) [§69] Due Care.
(2) [§70] Negligence.
(3) [§71] Abrogation of Eyewitness Limitation.
2. [§72] Manner of Proof.
3. [§73] Inadmissible in Products Liability Case.
C. Similar or Related Acts or Circumstances.
1. Criminal Case: Other Offenses of Defendant.
(a) [§74] General Rule of Exclusion.
(b) Exceptions Applicable and Other Offenses Admissible.
(1) [§75] Theory of Limited Admissibility.
(2) [§76] Subsequent Offenses.
(3) [§77] Remoteness of Prior Offense.
(4) [§78] Defendant Not Prosecuted or Convicted.
(5) [§79] Constitutionally Invalid Confession.
(6) [§80] Procedure.
(c) Exceptions Inapplicable and Other Offenses Inadmissible.
(1) Issue Uncontested.
(aa) [§81] General Rule.
(bb) [§82] Issues Part of Prosecution's Burden.
(2) [§83] Offenses Not Connected.
(3) [§84] Unsupported Assertion of Admissible Purpose.
(4) [§85] Inadmissible To Support Prosecution Witness.
(5) [§86] Discretionary Exclusion.
(d) [§87] Required Degree of Similarity.
(e) Illustrations of Admissible Evidence.
(1) Intent, Motive, and Knowledge.
(aa) [§88] In General.
(bb) [§89] Criminal Intent.
(cc) [§90] Knowledge.
(dd) [§91] Motive.
(2) Common Plan or Scheme.
(aa) [§92] In General.
(bb) [§93] Interconnected Offenses.
(cc) [§94] Marks Distinctive: Evidence Admissible.
(dd) [§95] Marks Not Distinctive: Evidence Inadmissible.
(f) Admissibility in Sex Crime Cases.
(1) [§96] In General.
(2) [§97] Evidence Code.
(g) [§98] Admissibility in Domestic Violence Cases.
(h) [§99] Procedural Evasions of Exclusionary Rule.
2. [§100] Criminal Cases: Offenses of Third Party.
3. [§101] Civil Case: Other Wrongful Acts.
4. Other Accidents at Same or Similar Place.
(a) [§102] Rule and Purposes of Admission.
(b) [§103] Illustrations.
(c) [§104] Similarity of Conditions.
(d) [§105] Subsequent Accidents.
(e) [§106] Absence of Similar Accidents.
5. Prior and Subsequent Conditions or Acts.
(a) [§107] General Principle.
(b) [§108] Subsequent Conditions.
(c) [§109] Prior or Subsequent Acts.
6. Custom or Practice of Others on Negligence Issue.
(a) [§110] Admissibility and Effect.
(b) [§111] Custom Differing From Statutory Standard.
7. [§112] Contracts of Others.
8. [§113] Experience of Others.
9. Other Sales To Prove Value.
(a) [§114] Sales of Similar Personal Property.
(b) [§115] Sales of Same Real or Personal Property.
(c) [§116] Sales of Other Real Property.
D. Intent of Party.
1. [§117] Criminal Cases.
2. [§118] Civil Cases.
E. Motive.
1. Criminal Cases.
(a) Motive of Defendant.
(1) [§119] In General.
(2) [§120] Need To Obtain Money.
(3) [§121] Use of Narcotics.
(b) [§122] Motive of Third Person.
2. [§123] Civil Cases.
F. [§124] Knowledge.
G. [§125] Insanity and Incompetency.
H. Identity of Person.
1. [§126] Fingerprints and Palmprints.
2. [§127] Footprints.
3. [§128] Telephone Call.
4. [§129] Defendant's Possession of Stolen Articles.
5. [§130] Other Circumstances.
I. [§131] Ownership.
IV. EVIDENCE INVOLVING UNDUE PREJUDICE
A. [§132] In General.
B. Insurance or No Insurance.
1. [§133] General Rule: Evidence of Insurance Excluded.
2. [§134] Admissible Evidence.
3. [§135] Permissible Reference.
4. [§136] Weighing Relevancy and Prejudicial Effect.
5. [§137] Plaintiff's Accident Insurance.
C. [§138] Poverty of Plaintiff.
D. [§139] Wealth.
E. Offer To Settle or Compromise.
1. [§140] Rule and Theory of Exclusion.
2. [§141] Rule Applies in Discovery Proceeding.
3. Scope of Rule.
(a) [§142] In General.
(b) [§143] Conduct or Statements in Negotiation.
4. Exceptions and Distinctions.
(a) [§144] Evidence Code Exceptions.
(b) [§145] Independent Negotiations or Statements.
(c) [§146] Statements Showing Good Faith.
(d) [§147] Statements Showing Bad Motive.
(e) [§148] Miscellaneous Exceptions.
F. [§149] Offer To Discount Claim.
G. Defendant's Settlement With Another Person.
1. [§150] General Rule.
2. [§151] Distinction: Reduction of Judgment.
H. Information Disclosed in Mediation Proceeding.
1. [§152] Purpose and Nature of Protection.
2. [§153] Scope of Protection and Remedies for Violations.
3. [§154] Proceedings Covered.
4. [§155] Exceptions and Distinctions.
5. [§156] Termination of Mediation.
6. [§157] No Disqualification of Mediation Attorney From Related Case.
7. [§158] Nonstatutory Protection.
I. [§159] Other Claims or Litigation by Plaintiff.
J. Compensation to Plaintiff From Collateral Source.
1. [§160] General Rule.
2. [§161] Attempts To Circumvent Rule.
3. [§161A] (New) Distinction: Plaintiff's Own Payments.
K. [§162] Wrongful Death: Spouse's Remarriage.
L. Subsequent Precautions or Repairs by Defendant.
1. Negligence Cases.
(a) [§163] Rule and Theory of Exclusion.
(b) [§164] Limited Admissibility Exception.
2. Strict Products Liability Actions.
(a) [§165] General Rule of Admissibility.
(b) [§166] Failure To Make Changes.
(c) [§167] Subsequent Warning.
(d) [§168] Remedial Measure by Nonparty.