Article IV Relevance and Its Limits

Question 1

RULE 401: Test for Relevant Evidence

Answer 1

Evidence is relevant if:(a) That evidence has any tendency to make a fact more or less probable than it would be without the evidence; AND evidence can have slight probative wortth(b) The fact is of consequence in determining the action.

Question 2

RULE 402: General Admissibility of Relevant Evidence

Answer 2

Relevant evidence is admissible unless the following provides otherwise: the United States Constitution a federal statute these rules; OR other rules prescribed by the Supreme CourtIrrelevant evidence is not admissible.

Question 3

RULE 403: Excluding Relevant Evidence

Answer 3

The court may exclude relevant evidence if:a.) If its probative value is substantially outweighed by - Unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence

Question 4

RULE 404: Character Evidence; Crimes or Other Acts

Answer 4

(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.(2) Exceptions for a Defendant or Victim in a Criminal Case. defendant may offer evidence of a pertinent trait - prosecutor may rebut defendant may offer of an alleged victims pertinent trait - prosecutor may rebut prosecutor may offer evidence of the alleged victim’s trait of peacefulness against a showing of being the aggressor(3) Exceptions for a Witness. Evidence of a witness’s charatcer may be admitted under Rules 607, 608, and 609.

Question 5

RULE 404: Character Evidence; Crimes or Other Acts continued…

Answer 5

(B) 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; Notice in a Criminal Case. This evidence may be admissible, such as proving motive, opportunity, intent, preparation, plan, knowledge, indentity, absence of mistake or lack of accident (Prosecutor) must give reasonable notice of such evidence

Question 6

RULE 405: Methods of Proving Character

Answer 6

(A) By Reputation or Opinion. When evidence of a person’s character or character trait is admissible, it may be proved by testimony about the person’s reputation or by testimony in the form of an opinion. On cross-examination of the character witness, the court may allow an inquiry into relevant specific instancesof the person’s conduct.(B) By Specific Instances of Conduct. When a person’s character or character trait is an essential element of the charge, claim, or defense, the character or trait may also be proved by relevant specific instances of the person’s conduct.

Question 7

RULE 406: Habit; Routine Practice

Answer 7

Evidence of a person’s habit or an organization’s routine practice may be admitted to prove that on a particular occasion the person or organization acted in accordance with the habit or routine practice. The court may admit this evidence regardless of whether it is corroborated or whether there was eyewitness.

Question 8

RULE 407: Subsequent Remedial Measures

Answer 8

When measures are taken that would have made an earlier injury or harm less likely to occur, evidence of the subseqent measures is not admissible to prove: negligence; culpable conduct a defeat in a product or its design; or a need for a warning or instructionBut the court may admit this evidence for impeachment or - if disputed - proving ownership, control, or feasibility of precautionary measures.

Question 9

RULE 408: Compromise Offers and Negotiations

Answer 9

(A) Prohibited Uses. Evidence of the following is not admissible - on behalf of any party - either to prove or disprove the validity or amount of a disputed claim or to impeach by a prior inconsistent statement or a contradiction:(1) furnishing, promising, or offering - or accepting, promising to accept, or offering to accept - valuable consideration in compromising or attempting to compromise the claim; and(2) conduct or a statement made during compromise negotiations about the claim - except when offered in a criminal case and when the negotiations related to a claim by a public office in the exercise of its regulatory, investigative, or enforcement authority.

Question 10

RULE 408:Compromise Offers and Negotiations continued…

Answer 10

(B) Exceptions. The court may admit this evidence for another purpose such as proving a witness’s bias or prejudice, negating a contention of undue delay, or proving an effort to obstruct a criminal investigation or prosecution

Question 11

RULE 409: Offers to Pay Medical and Similar Expenses

Answer 11

Evidence of furnishing, promising to pay, or offering to pay medical school, hospital, or similar expenses resulting from an injury is not admissible to prove liability for the injury.

Question 12

RULE 410: Pleas, Plea Discussions, and Related Statements

Answer 12

(A) Prohibited Uses. In a civil or criminal case, evidence of the following is not admissible against the defendant who made the plea or participated in the plea discusssion:(1) a guilty plea that was later withdrawn;(2) a nolo contendere plea; (3) a statement made during a proceeding on either of those pleas under Federal Rule of Criminal Procedure 11 or comparable state procedure; or(4) a statement made during plea discussions with an attorney for prosectuing authority if the discussions did not result in a guilty plea.

Question 13

RULE 410:Pleas, Plea Discussions, and Related Statements continued…

Answer 13

(B) Exceptions. The court may admit a statement described in Rule 410(a)(3) or (4):(1) in any proceeding in which another statement made during the same plea or plea discussions has been introduced, if in fairness the statments ought to be considered together ; or(2) in a criminal proceeding for perjury or false statement, if the defendant made the statement under oath, on the record, and with counsel present.

Question 14

RULE 411: Liability Insurance

Answer 14

Evidence that a person was or was not insured against liability is not admissible to prove whether the person acted negligently or otherwise wrongfully. But the court may admit this evidence for another purpose such as proving a witness’s bias or prejudice or proving agency, ownership, or control.

Question 15

RULE 412: Sex-Offense Cases: The Victim’s Sexual Behavior or Predisposition

Answer 15

(A) Prohibited Uses. The following evidence is not admissible in a civil or criminal proceeding involving alleged sexual misconduct:(1) evidence offered to prove that a victim engaged in other sexual behavior; or(2) evidence offered to prove that a victim’s sexual predisposition

Question 16

RULE 412: Sex-Offense Cases:The Victim’s Sexual Behavior or Predisposition continued…

Answer 16

(B) Exceptions. (1) Criminal Cases. The court may admit the following evidence in a criminal case:(A) evidence of specific instances of a victim’s sexual behavior if offered to prove that someone other than the defendant was the source of the semen, injury, or other evidence(B) evidence of specific instances of a victim’s sexual behavior with respect to the person accused of the sexual misconduct, if offered by defendant to prove consent of if offered by the prosecutor; and (C) evidence whose exclusion would violate the defendant’s constitutional rights.(1) Civil Cases. The court may admit evidence offered to prove a victim’s sexual behavior or sexual predisposition if its probabtive value outweighs the danger of harm to any victim and unfair prejudice to any party. May admit evidence of a victim’s reputation only if the victim has placed it in controversy.

Question 17

RULE 412: Sex-Offense Cases:The Victim’s Sexual Behavior or Predisposition continued…

Answer 17

(C) Procedures to Determine Admissibility.(1) Motion. The intent to offer evidence under Rule 412(b), the party must: (A) file a motion that specifically describes the evidence and states the purpose for which it is to be offered;(B) do so at least 14 days before trial unless the court, for good cause, sets a different time; (C) serve the motion on all parties; and (D) notify the victim or, when appropriate, the victim’s guardian or representative.(2) Hearing. Before admitting evidence under this rule, the court must conduct an in camera hearing and give the victim and parties a right to attend and be heard. The motion, related materials, and the record of the hearing must be and remained sealed.(D) Definition of “Victim.” “Victim” includes an allegd victim.

Question 18

RULE 413: Similar Crimes in Sexual-Assault Cases

Answer 18

(A) Permitted Uses. In a criminal case in which a defendant is accused of a sexual assaultm, the court may admit evidence that the defendant committed any other sexual assault. The evidence may be considered on any matter to which it is relevant.(B) Disclosure to the Defendant. If prosecutor intends to offer this evidence, the prosecutor must disclose it to the defendant, including witnesses’ statements or a summary of the expected testimony. Prosecutor must do so at least 15 days before trial or at a later time that the court allows for good cause.(C) Effect on Other Rules. This rule does not limit the admission or consideration of evidence under any other rule.(D) Definition of “Sexual Assault.” Sexual Assault means a crime under federal law or under state law.

Question 19

RULE 414: Evidence of Similar Crimes in Child Molestation Cases

Answer 19

(A) Permitted Uses. In a criminal case, the court may admit evidence that the defendant committed any other child molestation. The evidence may be considered on any matter to which it is relevant.(B) Disclosure to the Defendant. If prosecutor intends to offer this evidence, the prosecutor must disclose it to the defendant, including witnesses’ statements or a summary of the expected testimony. Prosecutor must do so at least 15 days before trial or at a later time that the court allows for good cause.(C) Effect on Other Rules. This rule does not limit the admission or consideration of evidence under any other rule.(D) Definition of “Child” and “Child Molestation.” “Child” and “Child Molestation” means those definitions under federal law or under state law.

Question 20

RULE 414:Evidence of Similar Crimes in Child Molestation Cases continued…

Answer 20

(D) Definition of “Child” and “Child Molestation.”In this rule and Rule 415:(1) “child” means a person below age 14; and(2) “child molestation” means a crime under federal law or under state law involving

Question 21

RULE 415:Similar Acts in Civil Cases Involving Sexual Assault or Child Molestation

Answer 21

(A) Permitted Uses. In civil case, the court may admit evidence that the party committed any other sexual assault or child molestation. May be considered as provided in Rules 413 and 414.(B) Disclosure to the Opponent. The party must disclose it to the party against whom it will be offered including the witnesses’ statements or a summary of the expected testimony. The party must do so at least 15 days before trial or a a later time that the court allows for good cause.(C) Effect on Other Rules. This rule does not limit the admission or consideration of evidence under any other rule.