What is the test for determining inadmissible evidence in a civil case?

California, United States of America


The following excerpt is from Lutfi v. Spears, B246253 (Cal. App. 2015):

17. The trial court's evaluation of the issue should begin with the Evidence Code. Evidence Code section 351 states that all relevant evidence is admissible unless it can be excluded under a specific statute or Constitutional provision. (See also People v. Heard (2003) 31 Cal.4th 946, 972-973 ["Only relevant evidence is admissible . . . , and all relevant evidence is admissible unless excluded under the federal or California Constitution or by statute," italics added].) A court order is therefore insufficient to render the evidence inadmissible.

Other Questions


In determining the sufficiency of evidence in a civil case, what is the test for determining that the evidence is insufficient? (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)
What is the test for inadmissible evidence in a civil case where evidence was obtained in violation of a search warrant? (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 the abuse of the abuse standard in determining inadmissible evidence in a civil case? (California, United States of America)
Does a common law rule barring the admission of hearsay evidence in a civil case affect the reliability of evidence at trial? (California, United States of America)
In what circumstances will the Supreme Court strike down a section of the Civil Rights Act that prohibits the use of certain types of civil rights, such as civil liberties, as well as those of the individual, in the context of civil liberties? (California, United States of America)
Is evidence of a person's character or trait of his or her character in a civil case admissible in the context of a criminal 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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.