1. Relevance

Question 1

Intro:

Answer 1

Relevant evidence may be admissible. Irrelevant evidence is inadmissible.

Limitations on relevance:
Evidence can have high relevance but low probative value

Question 2

Discretionary exclusion of relevant evidence

Answer 2

BALANCING TEST: To exclude relevant evidence, probative value must be substantially outweighed by the danger of unfair prejudice.

Examples of relevant evidence that is excluded:
♣ Emotionally disturbing
♣ Repetitive or confusing
♣ Admissible for one purpose but inadmissible for another

Unfair surprise to a party is not a valid ground for excluding relevant evidence.

Question 3

Exclusion of relevant evidence on public policy grounds

Answer 3

1. Liability insurance
   ♣ Not admissible to prove fault or a party’s ability to pay damages (admissible to prove anything else e.g. ownership, control).
2. Subsequent remedial measures
   ♣ evidence of repairs or other remedial measures taken after an injury is inadmissible to prove fault, defect or inadequate warning.
   • Admissible to rebut defense that there was no feasible precaution.
3. Settlements, offers to settle, & plea bargaining
   ♣ Civil: compromises, settlement offers are inadmissible to prove liability/fault
   ♣ Criminal: pleas, offers to plea and related statements are inadmissible to prove guilt
4. Payment or offers to pay medical expense
   ♣ inadmissible to prove liability for injuries
   • related statements like factual admissions are admissible
   ♣ offers to pay medical expenses in return for release of liability are inadmissible (aka settlement offer)

Question 4

Similar Occurrence:

Answer 4

Evidence of prior similar occurances involving time, event or person is often inadmissible.

But admissible to prove:

1. Causation
2. Prior accidents
3. Intent or absence of mistake
4. To rebute a defense of impossibility
5. Value (similar transaction price)
6. Industry custom

Question 5

Habit:

Answer 5

May be relevant and admissible to show that the person acted in conformity with that habit on that occasion. (must be highly specific and frequently repeated).