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Seal of the University of California, Davis UC Davis Law Review

Vol. 9, No. 1, 1976



Table of Cases 

Table of Statutes 

Foreword: The California Evidence Code and the Federal Rules: Past - And Present - Are Prologue 

I. The Hearsay Rule and its Exceptions

Hearsay: The Threshold Question 

An Advocate's Guide to Personal, Adoptive, and Judicial Admissions in Civil Cases in California and Federal Courts 

Co-Conspirator Declarations: Constitutional Defects in the Admission Procedure 

Negligence at Work: Employee Admissions in California and Federal Courts 

Declarations Against Interest in California and Federal Courts 

Admitting Recorded Hearsay: A Comparison of Past Recollection Recorded and Business Records 

Former Testimony: A Comparison of the California and Federal Rules of Evidence 

State of Mind: The Elusive Exception 

II. Special Forms of Evidence

The Opinion Rule in California and Federal Courts: A Liberal Approach 

The Best Evidence Rule: A Critical Appraisal of the Law in California 

III. Impeachment

Impeachment by Inconsistent Statements: California Theory and Practice 

Impeaching and Rehabilitating a Witness with Character Evidence: Reputation, Opinion, Specific Acts and Prior Convictions 

"Have You Heard?" Cross Examination of a Criminal Defendant's Good Character Witness: A Proposal for Reform 

IV. Relevance and Social Policy Limitations on the Introduction of Evidence

Similar Facts Evidence: Balancing Probative Value Against the Probable Dangers of Admission 

Evidence of Subsequent Repairs: Yesterday, Today and Tomorrow 

A Due Process Challenge to Restrictions on the Substantive Use of Evidence of a Rape Prosecutrix's Prior Sexual Conduct 

V. Privileges and Limitations on the Protection They Afford

Limitations on California Professional Privileges: Waiver Principles and the Policies They Promote 

Catholic Sisters, Irregularly Ordained Women and the Clergy-Penitent Privilege 

The Dangerous Patient Exception and the Duty to Warn: Creation of a Dangerous Precedent? 

The Marital Testimony and Communications Privileges: Improvements and Uncertainties in California and Federal Courts 

Courtroom Comment on An Accused's Reliance on the Privilege Against Self-Incrimination: California's Application of Griffin v. California 

Vi. Presumptions and the Burden of Proof

Rebuttal Criminal and Civil Presumptions: California's Statutory Dichotomy 

The Burden of Proof in California Environmental Nuisance Cases 

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