400s Flashcards
401
Test for Relevant Evidence
1. Makes a fact more or less probable than it would be without the evidence
2. The fact is in consequence of determining the action
402
Relevant evidence is admissible, Irrelevant evidence is inadmissible
403
Excluding evidence if probative value is SUBSTANTIALLY outweighed by danger of prejudicing, confusing issues, misleading jury, delay, wasting time, or needlessly cumulative
404
Character evidence
Not admissible to prove a person acted in accordance with that trait on a particular occasion
404 Exceptions
Defendant or Victim in a Criminal Case
Defendant may offer evidence of defendant or victim’s trait and the prosector may provide evidence to rebut it; offer evidence of defendant’s same trait.
Homicide Case, prosecutor may provide evidence of victim’s peacefulness to rebut that victim was the first aggressor
Witness traits may be admitted under 607 608 609
405
Methods of proving character
1. Reputation OR opinion
2. Specific instances of conduct
406
Habit; Routine Practice
A person or organization’s routine practice may be admitted to prove that they acted in accordance with that habit or practice
407
When measures are taken to make a previous injury or harm less likely to occur, evidence of subsequent actions is not admissible for culpability, negligence, defect in a product, or need for warning.
408
Compromise offers and negotiations are not admissible to prove or disprove amount of a disputed claim OR to impeach by prior inconsistent statement or contradiction
May admit for bias or prejudice, negating contention of undue delay, or proving effort to obstruct criminal investigation
409
Offers to pay for medical expenses is not admissible to prove liability
410
Pleas, Plea discussions, and Related Statements
411
Liability Insurance is not admissible to prove if a person acted negligently or otherwise wrongfully
