What is the legal test for admitting evidence in a civil case?

California, United States of America


The following excerpt is from People v. Perez, H039349 (Cal. App. 2017):

"[T]he admission of evidence, even if erroneous under state law, results in a due process violation only if it makes the trial fundamentally unfair. [Citations.]" (People v. Partida (2005) 37 Cal.4th 428, 439.) "To prove a deprivation of federal due process rights, [defendant] must satisfy a high constitutional standard to show that the erroneous admission of evidence resulted in an unfair trial. 'Only if there are no permissible inferences the jury may draw from the evidence can its admission violate due process.

Page 32

Other Questions


What is the test for admitting evidence of abuse of discretion in a civil case where a declarant admitted making a false and misleading statement to a jury? (California, United States of America)
In a contract impairment case arising out of section 340.9(1) of the California Civil Code of Civil Procedure Act, is there any case law where the court has found that the provision does not apply to all cases? (California, United States of America)
What is the legal test for admitting evidence in a civil case? (California, United States of America)
In determining the sufficiency of evidence in a civil case, how have courts considered the evidence in the context of sexual assault cases? (California, United States of America)
In a contract impairment case arising out of section 340.9(1) of the California Civil Code of Civil Procedure Act, is there any case law where the court has found that the provision does not apply to all cases? (California, United States of America)
Can a defendant argue that admitting the evidence in a civil case would have violated his federal confrontation rights? (California, United States of America)
What is the test for a judge to admit or exclude evidence in a civil case? (California, United States of America)
What is the test for admitting evidence of sexual assault in a civil case? (California, United States of America)
Is there any case law or case law that would have changed the disposition of a defendant in a civil case? (California, United States of America)
What is the test for admitting evidence of sexual assault in a civil case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.