3. Relevancy Flashcards
What is considered ‘Relevant Evidence’ under Rule 401?
Evidence is relevant if it helps show whether something is more or less likely to be true and that ‘something’ is important to deciding the case.
What is Direct Evidence?
Direct evidence is evidence that, if believed, proves a fact or set of facts without the need to draw another inference.
What is Circumstantial Evidence?
Evidence considered circumstantial when, in order to prove one set of facts, an inference must be drawn from another set of facts.
When is circumstantial evidence inadmissible?
Circumstantial evidence is generally inadmissible to prove the non-existence of a dangerous condition by a lack of similar accidents.
How may the court exclude evidence under Rule 403?
The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of:
* unfair prejudice;
* confusing the issues;
* misleading the jury;
* undue delay;
* wasting time;
* needlessly presenting cumulative evidence.
What form of character evidence is prohibited under Rule 404(a)(1)?
Rule 404(a)(1) prohibits using a person’s character or trait to prove their actions on a specific occasion.
What form of character evidence is a criminal defendant allowed to offer about himself under Rule 404(a)(2)(A)?
A criminal defendant may present pertinent character evidence in the form of opinion or reputation, which the prosecutor may rebut.
How is a ‘Pertinent’ character determined under Rule 404(a)(2)(A)?
‘Pertinent’ is determined by what crime the defendant is charged with.
What form of character evidence is a criminal defendant NOT allowed to offer about himself under Rule 404(a)(2)(A)?
Evidence of specific acts is not permitted.
Who is allowed to offer character evidence first in a criminal case under Rule 404(a)(2)(A)?
The prosecution may not offer character evidence unless the defendant does so first.
What form of character evidence can a Prosecutor rebut to a criminal defendant’s testimony under Rule 404(a)(2)(A)?
Prosecution may rebut by offering reputation or opinion evidence that the Defendant does NOT have that good character trait.
What form of character evidence can a Prosecutor use on Cross-Examination if the defendant did not provide testimony, under Rule 404(a)(2)(A)?
Prosecution may test the character witness’s familiarity and credibility using specific acts.
How is a character witness’s credibility assessed by the jury under Rule 404(a)(2)(A)?
The judge will provide a limiting instruction to the jury NOT to use this testimony substantively against the defendant.
What form of character evidence is a criminal defendant allowed to offer under Rule 404(a)(2)(B)?
A criminal defendant may offer reputation or opinion evidence of an alleged victim’s pertinent trait.
How can a Prosecutor rebut evidence of an alleged victim’s pertinent trait under Rule 404(a)(2)(B)?
The prosecution may:
- rebut with good character of the victim on that same trait and;
- can offer the defendant’s bad character on that same trait, each through reputation or opinion, NOT specific acts.
What form of character evidence can a prosecutor offer in a criminal homicide case under Rule 404(a)(2)(C)?
The prosecutor may offer evidence of the alleged victim’s trait of peacefulness to rebut evidence that the victim was the initial aggressor, even if the defendant did not offer evidence of the victim’s character for violence.
When should Rule 404(a)(2)(C) not be used?
Do not apply this rule unless the case is a criminal homicide and the defendant is claiming that the victim was the initial aggressor.
What evidence is inadmissible under Rule 404(b)(1)?
Evidence of a crime, wrong, or other act is not admissible to prove a person’s character to show that on a particular occasion, the person acted in accordance with the character.
What non-propensity evidence may be admissible for the prosecution under Rule 404(b)(2)?
Prior bad acts can be admitted to prove the defendant’s conduct for purposes such as:
1. motive;
2. intent;
3. absence of mistake;
4. identity;
5. knowledge;
6. opportunity;
7. preparation;
8. plan;
9. scheme.
What must a prosecutor do to introduce evidence under Rule 404(b)(2)?
The prosecutor must provide reasonable notice of the general nature of any such evidence intended to offer at trial.
What form of character evidence is permissible once admitted into evidence under Rule 405(a)?
If character evidence is admissible for any reason, it may be proven in the form of reputation testimony or opinion testimony.
If the defendant puts his character in issue by having a character witness testify as to his opinion of the defendant or the defendant’s reputation, the prosecution may rebut by:
(i) cross-examination into the basis for the opinion or knowledge of the reputation, and whether the witness has heard of particular instances of the defendant’s misconduct;
or
(ii) calling its own character witness to testify to the defendant’s bad reputation or their opinion of the defendant’s character for the trait involved.
If the defendant brings up their good character in court through a witness, the prosecution can respond by:
- Asking the witness questions about their opinion, knowledge, or whether they’ve heard of bad things the defendant has done; or
- Bringing in their own witness to testify about the defendant’s bad reputation or give their opinion about the defendant’s bad character.
What form of character evidence is used under Rule 405(b)?
Under Rule 405(b), when a person’s character or character trait is an essential element of a charge, claim, or defense, the character or trait may also be proved by relevant specific instances of the person’s conduct, in addition to reputation and opinion.
What are the five civil causes of action where character is an essential element under Rule 405(b)?
- Defamation
- Negligent entrustment, hiring, supervision
- Immigration
- Child Custody
- Entrapment
What evidence is admissible under Rule 406?
Evidence of habit or routine practice is admissible to demonstrate that a person or organization acted consistently with it on a specific occasion.
What is considered Habit Evidence under Rule 406?
Habit is denoted by ‘always,’ ‘invariably,’ ‘customarily,’ and ‘habitually.’
What four claims are inadmissible upon Remedial Measures under Rule 407?
Under Rule 407, if someone takes steps to fix or prevent a problem after an injury or harm happens, evidence of the subsequent measures is not admissible to prove:
(1) negligence;
(2) culpable conduct;
(3) a defect in a product or its design; or
(4) a need for a warning or instruction.
What evidence upon remedial measures taken subsequent to an injury or harm is admissible under Rule 407?
Evidence of remedial measures may be admitted for:
- To show ownership or control if denied;
- To show feasibility of precautionary measures if denied; or
- To Impeach.
Subsequent Remedial Measures in Georgia
Georgia is one of the few states that allow a plaintiff to show that the defendant made repairs to a defective product in order to prove the product was defective in the first place.
What is Rule 408(a)?
Under Rule 408(a), you can’t use evidence of a settlement offer, or anything said or done during the offer, to:
- Prove whether the claim is valid or how much it’s worth.
- Discredit someone by showing they previously said something different.
Under Rule 408(b), The court may admit this evidence:
- proving a witness’s bias or prejudice;
- negating a contention of undue delay; or
- proving an effort to obstruct a criminal investigation or prosecution.
What is Rule 409?
Evidence of offering or promising to pay medical, hospital, or similar expenses is not admissible to prove liability for the injury.
What evidence is admissible under Rule 409?
An admission made in connection with offers to pay medical or hospital expenses is admissible and maybe severed from the offer itself. Rule 409 only protects the offer and the payment itself.
What is Rule 410(a)?
A plea and any statements made during plea negotiations will be inadmissible against the defendant in a later proceeding if the plea:
- is not accepted by the court;
- later withdrawn by the defendant; or
- if the defendant pleads nolo contendere.
Rule 410(b) allows the admission of a statement made during plea discussions if:
- It is introduced in a proceeding where another statement from the same discussions has been introduced and should fairly be considered together; or
- It is used in a perjury or false statement criminal case, provided the statement was made under oath, on the record, and with counsel present.
When does Rule 410 do not Apply?
Rule 410 does not apply to statements made to law enforcement, only where the bargaining is done with an attorney for the government.
What is Rule 411?
Evidence that a person was or was not insured is INADMISSIBLE to prove negligence or fault.
Evidence of insurance against liability may be admitted for another purpose, such as:
- Proof of agency;
- Ownership or control; or
- Bias or prejudice of a witness.
What is Rule 412(a)?
In any civil or criminal proceeding involving alleged sexual misconduct, evidence of the victim’s sexual behavior or predisposition is generally inadmissible.
What is Rule 411?
Evidence of insurance against liability may be admitted for purposes such as:
* Proof of agency
* Ownership or control
* Bias or prejudice of a witness
Evidence of insurance can be relevant in various legal contexts beyond just liability.
Are statements made in connection with evidence of insurance coverage admissible?
Yes, they may be severed and are admissible.
This allows for the separation of the insurance aspect from the main issues at hand.
What does Rule 412(a) state regarding sexual misconduct cases?
In any proceeding involving alleged sexual misconduct, reputation and opinion evidence is generally inadmissible to prove:
* That a victim engaged in other sexual behavior
* A victim’s sexual predisposition
This rule aims to protect victims from character attacks.
What specific past sexual acts are admissible under Rule 412(b)(1) in a criminal case?
Specific past sexual acts are admissible to show:
* Consent
* Source of semen, injury, other physical evidence
* Evidence that is constitutionally required
These exceptions allow for limited use of sexual history when relevant.
What specific past sexual acts are admissible under Rule 412(b)(2) in a civil case?
Such evidence is admissible ONLY if the probative value substantially outweighs the danger of harm to any victim and of unfair prejudice to any party.
This emphasizes a careful balancing of interests in civil proceedings.
Is evidence of a victim’s reputation admissible under Rule 412(b)(2)?
Yes, only if the victim has placed it in controversy.
This means the victim must have introduced their character into the case.
What actions must a party take under Rule 412(c)(1) to offer evidence under Rule 412(b)?
A party must:
* File a motion that describes the evidence and states its purpose
* Do so at least 14 days before trial unless otherwise set by the court
* Serve the motion on all parties
* Notify the victim or their representative
These procedural requirements ensure fairness and transparency.
What is the hearing requirement under Rule 412(c)(2)?
The court must conduct an in camera hearing and give the victim and parties a right to attend and be heard.
This protects the privacy of the victim while allowing for legal scrutiny.
What is Rule 413?
In a criminal case of sexual assault, the court may admit evidence that the defendant committed any other sexual assault.
This rule allows for a broader view of a defendant’s history in sexual assault cases.
What is Rule 414?
In a criminal case of child molestation, the court may admit evidence that the defendant committed any other child molestation, regardless of time limits.
Prosecutors must disclose such evidence at least 15 days before trial.
What form of character evidence is not allowed under Rules 413 and 414?
Reputation and opinion character evidence are not permitted methods.
This exclusion aims to prevent prejudicial information from influencing the jury.
What is Rule 415?
In a civil case involving a claim for relief based on sexual assault or child molestation, the court may admit evidence that the party committed any other sexual assault or child molestation.
This rule aligns with the intent to provide a full context of behavior relevant to the case.
