Evidence Flashcards
What is “relevance”?
Evidence is relevant if it tends to make the existence of any fact of consequence to the outcome of the action more probable than it would without the evidence.
Generally must relate to time, event, or person involved in the present controversy.
When can a judge exclude relevant evidence?
A trial judge has broad discretion to exclude relevant evidence if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of issues, misleading the jury, undue delay, or waste of time.
When is evidence of liability insurance allowed in?
It may be admissible to (i) prove ownership or control, (ii) to impeach, or (iii) as part of an admission.
It is NOT admissible to show negligence or ability to pay a substantial judgment.
When is evidence of subsequent remedial measures admissible?
This evidence may be admissible to (i) prove ownership or control, (ii) to rebut a claim that the precaution was not feasible, or (iii) to prove that the opposing party has destroyed evidence.
It is NOT admissible to prove negligence, culpable conduct, a defect in a product or its design, or a need for a warning or instruction.
When is the rule regarding admissibility of settlement offers and withdrawn guilty pleas?
Evidence of compromises or offers to compromise is not admissible to prove liability for, or invalidity of, a claim that is disputed as to validity or amount. Not even direct admissions of liability during compromise negotiations are admissible. Likewise, withdrawn guilty pleas and offers to plead guilty are inadmissible.
For what type of facts will a court take judicial notice?
Courts take judicial notice of indisputable facts that are either matters of common knowledge in the community (notorious facts) or capable of verification by resort to easily accessible sources of unquestionable accuracy (manifest facts). Courts have increasingly taken judicial notice of scientific principles as a type of manifest fact. Judicial notice of such facts may be taken at any time, whether or not requested.
Procedural aspects of judicial notice
If a court does not take judicial notice of a fact on its own accord, a party must formally request that notice be taken of the particular fact. Judicial notice may be taken for the first time on appeal.
The fact is conclusively proven in a civil case but not a criminal one. In a criminal case, the jury is instructed that it may, but is not required to, accept as conclusive any judicially noticed fact.
What is real evidence?
Real or demonstrative evidence is actual physical evidence addressed directly to the trier of fact. Real evidence may be direct, circumstantial, original, or prepared (demonstrative).
In addition to being relevant, what other requirements must real evidence satisfy?
It must be authentic, it must be in substantially the same condition at trial, and it must satisfy the balancing test (i.e. some auxiliary policy or principle may outweigh the need to admit the evidence, such as physical inconvenience or bringing the object into the courtroom, indecency or impropriety, or undue prejudice).
How may handwriting be authenticated?
By a showing that it is genuine, by either:
By the opinion of a nonexpert with personal knowledge of the alleged writer’s handwriting.
By the opinion of an expert who has compared the writing to samples of the maker’s handwriting.
By the trier of fact through comparison of samples.
May a nonexpert become familiar with a person’s handwriting for the purposes of testifying?
No. Unlike voice recognition, the nonexpert testifying as to the genuineness of handwriting must have been familiar with the handwriting before the litigation arose.
How is an ancient document authenticated?
A document may be authenticated by evidence that it is (1) at least 20 years old, (2) Is in such condition as to be free from suspicion as to authenticity, and (3) Was found in a place where such a writing would likely be kept.
How are photographs authenticated?
Generally, photographs are admissible only if identified by a witness as a portrayal of certain facts relevant to the issue and verified by the witness as a correct representation of those facts. Ordinarily, it is not necessary to call the photographer to authenticate the photograph; a witness familiar with the scene is sufficient.
How is an X-Ray authenticated?
Unlike photographs, X-Rays require it to be shown that the process used is accurate, the machine was in working order, and the operator was qualified to operate it. Finally, a custodial chain must be established to assure that the X-Ray has not be tampered with.
What is the Best Evidence Rule?
To prove the terms of a writing (including a recording, photograph, or X-Ray), the original writing must be produced if the terms of the writing are material. Secondary evidence of the writing is admissible only if the original is unavailable.
