Evidence Flashcards
Irrelevant evidence is inadmissible, and relevant evidence
Might be admissible.
Evidence is logically relevant if
It has a tendency to make the existence of any fact that is of consequence to the determination of the action more or less probable than it would be without the evidence.
The substantive law in a given case is what you look to in order to decide what facts are of consequence. The evidence must relate to the time, event, or person in controversy in the litigation currently before the court.
Are prior accidents or claims of the plaintiff admissible?
 Usually, without similarities, prior accidents or claims of the plaintiff will be irrelevant and, as such, and admissible.
What are the exceptions to the general rule that prior accidents or claims of the plaintiff are usually irrelevant and inadmissible
Pattern of fraudulent claims
Pre-existing condition
Relevant to prove intent
Relevant to rebut defense of impossibility
Comparable sales relevant to establish value
Habit evidence
Routine business practices relevant to show conduct in conformity
Industrial custom evidence relevant to prove standard of care
Under the federal rules of evidence, the court must decide any preliminary questions about whether a witness is qualified, a privilege exist, or evidence is admissible. In so deciding, is the court bound by evidence rules?
The court is not bound by evidence rules, except those on privilege.
Rule for hearings on the admissibility of a confession, e.g. Miranda violations?
Hearings on the admissibility of a confession shall in all cases be conducted outside the presence of the jury.
If a party moves to exclude prospective witnesses before they testify what should the court do?
The court must order witnesses excluded so they cannot hear other witnesses testimony.
The court has a discretion to exclude logically relevant evidence if its probative value is substantially outweighed by
Unfair prejudice, confusion, or waste of time.
What if evidence is admissible for one purpose but inadmissible for another purpose
In such cases, the court must balance the probative value of the evidence for its admissible purpose against the unfair prejudice of the evidence for its inadmissible purpose.
Facts appropriate for judicial notice of adjudicative facts
A court may recognized as true indisputable facts that are generally known within the jurisdiction or capable of accurate and ready determination by sources whose accuracy cannot be reasonably questioned
A court shall take judicial notice of adjudicative facts if
Requested by a party and if the court is supplied with the necessary information
Even without a request, do courts have discretion to take judicial notice of adjudicative facts
Yes
Appellate court judicial notice of adjudicative facts
A reviewing court is required to take judicial notice of any matter that the trial court properly noticed or was obliged to notice but did not
When may judicial notice of adjudicative facts be taken
Judicial notice may be taken at any stage of the proceeding, even on appeal
Is judicial notice of adjudicative facts conclusive in civil and criminal cases
Judicial notice is conclusive in civil cases.
Judicial notice is not conclusive in criminal cases. The effect of judicial notice in criminal cases is to satisfy the prosecution’s burden of proof, but the jury may elect to disregard the judicially notice fact and decide otherwise.
Adjudicative v legislative facts
Adjudicative Facts are those facts that gave rise to, and must be proven to resolve, the action.
Legislative facts are those facts that are necessary to interpret the scope and meaning of the law.
What are the public policy reasons to exclude relevant evidence?
Liability insurance
Subsequent remedial measures or repairs
Settlements, offers to settle, pleas
Evidence of payments/offers to pay medical expenses
Admissibility of liability insurance?
Evidence of defendant’s liability insurance is inadmissible to prove culpable conduct or the defendant’s ability to pay a judgment. However, evidence of liability insurance can be used to prove something else and it can be admitted for that other reason. Before admitting the evidence however the court must balance any unfair prejudice against probative value.
Admissibility of subsequent remedial measures or repairs?
Evidence of safety measures or repairs after an accident is inadmissible to prove culpable conduct or a defective product design in a product’s liability action.
Evidence of defendant’s subsequent remedial measures or repairs may be admissible to rebutt defendant’s claim that there was nothing she could do to fix the problem. If the defendant, however, merely contends that the situation was safe as is then the rule excluding evidence of repairs applies and the evidence is in admissible. If the subsequent remedial measures or repairs are admissible for one purpose and inadmissible for another the court must balance unfair prejudice against probative value.
Admissibility of settlement, offers to settle, pleas, related statements
Evidence of settlements, offers to settle, and all related statements about the case made after a claim is asserted or implied are inadmissible to prove culpability in civil cases.
Evidence of pleas, offers to plea, and all related statements about the case are inadmissible to prove guilt.
If a defendant has admitted liability and exactly how much she owes, will the settlement offer exclusion rule apply
No
Admissibility of evidence of payment/offers to pay medical expenses?
Evidence of payment/offers to pay medical expenses are inadmissible to prove liability for injuries in question. Related statements are still admissible.
What are the four requirements for witness competency under the FRE?
Ability to observe, ability to remember, ability to communicate, appreciation of oath obligation
A witness may testify to facts observed if
She has a present recollection