Chapter 3 and 6

Question 1

Rule 401: Test for Relevance:

Answer 1

Evidence is relevant if:

1. it makes a fact more or less probable; and
2. the fact is of consequence in the case

Question 2

Rule 402: General Admissibility of Relevant Evidence

Answer 2

Relevant evidence is admissible unless these provide otherwise:

a. US constitution
b. Federal Statute
c. These rules.

Question 3

Rule 402: Irrelevant Evidence

Answer 3

Irrelevant evidence is inadmissible.

Question 4

Rule 403: Balancing test

Answer 4

Rule 403 says that: Relevant evidence is to be excluded ONLY if: its probative value is substantially outweighed by its prejudicial effect.

Question 5

Rule 407: Subsequent Remedial Measures

Answer 5

When defendant takes measure to remedy a condition that caused an injury: evidence of the remedy is not admissible to prove:
a. negligence
b. culpable conduct
c. product defect 
d. need for warning or instruction
May be admitted for impeachment.

Question 6

Rule 408: Compromise Offers and Negotiations

Answer 6

Compromise offers and statements made during negotiations CANNOT be introduced as evidence to:

a. prove a claim
b. impeach a prior inconsistent statement

Exception:
Can be introduced for other purpose such as: proving bias or prejudice.

Question 7

Rule 409: Offers to Pay medical and similar expenses

Answer 7

Evidence of promises to pay, or offering to pay medical expenses IS NOT ADMISSIBLE TO PROVE LIABILITY for the injury

Question 8

Rule 410(a): Pleas, Pleas Discussions,

Answer 8

The following are prohibited from introduction into evidence against the defendant:

1. guilty plea that was later withdrawn
2. Nolo contendere plea
3. statement made during a proceeding
4. a statement made during plea discussions with an attorney for the prosecuting authority if the discussions did not result in a guilty plea or they resulted in a later-withdrawn guilty plea.

Question 9

Rule 410(b): Exceptions:

Answer 9

Statements under 410(a)(3) and (4) may be introduced if:

a. other plea statement introduced and fairness requires a rebuttal
b. in a criminal proceeding for perjury or false statement, if the defendant made the statement under oath.