Article 4. Relevancy and limits

Question 1

Rule 401

Answer 1

Test for relevant evidence

Question 2

Rule 402

Answer 2

Admissibility of Relevant evidence

Question 3

Rule 403

Answer 3

Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons

Question 4

Rule 404

Answer 4

Character Evidence; Crimes or Other Acts (IMPORTANT)

Question 5

Rule 405

Answer 5

Methods of Proving Character

Question 6

Rule 406

Answer 6

Habit, Routine Practice

Question 7

Rule 407

Answer 7

Subsequent Remedial Measures

Question 8

Rule 408

Answer 8

Compromise Offers and Negotiations

Question 9

Rule 409

Answer 9

Offers to Pay Medical And Similar Expenses

Question 10

Rule 410

Answer 10

Pleas, Plea Discussions, and Related Statements

Question 11

Rule 411

Answer 11

Liability Insurance (civil case only)

Question 12

Test for Relevant Evidence(401)

Answer 12

Evidence is relevant if:
(a) it has any tendency to make a fact more or less probable than it would be without the
evidence; and
(b) the fact is of consequence in determining the action.

Question 13

Admissibility of Relevant Evidence (402)

Answer 13

Relevant evidence is admissible unless these rules provide otherwise.Irrelevant evidence is not
admissible.

Question 14

Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons (403)

Answer 14

The court may exclude relevant evidence if its probative value is substantially outweighed by a
danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury,
undue delay, wasting time, or needlessly presenting cumulative evidence.

Question 15

Character Evidence; Crimes or Other Acts (404)

Answer 15

(a) Character Evidence.
(1) Prohibited Uses. Evidence of a person’s character or character trait is not admissible to
prove that on a particular occasion the person acted in accordance with the character or
trait.

Question 16

Rule 404 (a-2)

Answer 16

(2) Exceptions for a Defendant or Victim in a Criminal Case. The following exceptions apply
in a criminal case:
(A) a defendant may offer evidence of the defendant’s pertinent trait, and if the evidence is admitted, the prosecutor may offer evidence to rebut it;
(B) a defendant may offer evidence of an alleged victim’s pertinent trait, and if the evidence is admitted, the prosecutor may:
(i) offer evidence to rebut it; and
(ii) offer evidence of the defendant’s same trait; and
(C) in a homicide case, the prosecutor may offer evidence of the alleged victim’s trait of peacefulness to rebut evidence that the victim was the first aggressor.

Question 17

Rule 404 (a-3)

Answer 17

Exceptions for a Witness. Evidence of a witness’s character may be admitted under Rules
607, 608, and 609.

Question 18

Rule 404 (b)

Answer 18

Crimes, Wrongs, or Other Acts.

(1) Prohibited Uses. Evidence of a crime, wrong, or other act is not admissible to prove a person’s character in order to show that on a particular occasion the person acted in accordance with the character.
(2) Permitted Uses. This evidence may be admissible for another purpose, such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident.