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

California, United States of America


The following excerpt is from People v. Fleming, F064115 (Cal. App. 2014):

Fleming also argues that admitting the evidence in question violated his due process rights. "'Ordinarily, even erroneous admission of evidence does not offend due process unless it is so prejudicial as to render the proceeding fundamentally unfair.' ... [] 'To prove a deprivation of federal due process rights, [a defendant] must satisfy a high constitutional standard to show that the erroneous admission of evidence resulted in an unfair trial.' [Citation.] '"The dispositive issue is ... whether the trial court committed an error which rendered the trial 'so "arbitrary and fundamentally unfair" that it violated federal due process.' [Citations.]" [Citation.]' [Citation.]" (People v. Covarrubias (2011) 202 Cal.App.4th 1, 20.)

Other Questions


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)
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 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 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)
What is the test for admitting evidence of sexual assault in a civil case? (California, United States of America)
What is the test for abuse of discretion in admitting evidence in a civil case? (California, United States of America)
What is the test for admitting 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)
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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.