Evidence 1-5

Question 1

When is evidence Relevant?

(logically and legally)

Answer 1

Logically Relevant:

When it has any tendency to make a fact more or less probable than it would be without the evidence, AND

The fact is of consequence in determining the action (in CA, the fact of consequence must be in dispute).

Legally Relevant:

If it’s not excluded on policy grounds; AND

If it’s not excluded under FRE 403/CEC 352

Priority: HIGH

Question 2

FRE Rule 403/CEC 352 Exclusions

A court may exclude evidence if its probative

value is outweighed by a danger of what?

Answer 2

Unfair prejudice;

Confusing the issues;

Misleading the jury;

Undue delay;

Wasting time; OR

Being needlessly cumulative.

Priority: HIGH

Question 3

What is admissible under California Proposition 8, and what does it NOT affect?

Answer 3

ALL relevant evidence in a criminal trial.

It does not affect the following:

Exclusionary rules based on U.S. Constitution;

Secondary/Best evidence rule;

Hearsay or privilege exclusions;

Evidence barred under rape-shield statutes; and

Limits on prosecution from offering specific character evidence.

Priority: HIGH

Question 4

When is evidence Unfairly Prejudicial?

Answer 4

When the evidence is:

Unnecessary;
AND

Might cause the jury to improperly sympathize or dislike a party.

Priority: HIGH

Question 5

When is evidence of Subsequent Remedial Measures NOT admissible?

Answer 5

To prove:

Negligence;

Culpable conduct;

Additionally, under the FRE:

A defect in product or design; OR

A need for a warning or instruction.

*But, it may be admissible to impeach or prove a disputed issue of ownership, control, or feasibility of precautionary measures.

Priority: Medium