Evidence

Question 1

Doctrine of Limited Admissibility

Answer 1

Evidence may be admissible for one purpose and not another.

Court must, upon request, restrict evidence and give jury limiting instruction.

Question 2

Is evidence relevant under FRE 401?

Answer 2

Any tendency to prove/ disprove a material fact of consequence.

1. Goes to material issue in case; and
2. Probative of that issue

Question 3

Should relevant evidence be excluded under FRE 403?

Answer 3

Broad discretion to exclude if:

1. Probative value is
2. Substantially outweighed
3. By…
   
   1. Danger of unfair prejudice
   2. Danger of confusing/ misleading jury
   3. Considerations of undue delay
   4. Waste of time
   5. Unduly cumulative

Question 4

Should relevant evidence be excluded for public policy reasons?

Answer 4

1. Subsequent remedial measures
2. Settlements in civil cases
3. Offers to pay medical expenses
4. Pleas and plea discussions in criminal cases
5. Liability insurance

Question 5

Subsequent Remedial Measures - FRE 407

Answer 5

p/p reason: want to encourage parties to make things safer

Generally, inadmissible to prove:

1. negligence/ fault
2. defective product/ defective design
3. defective warnings

Exceptions - F - D - I - C

1. F - feasibility of safety measures but only if contested
2. D - destruction of evidence (e.g. fixed dent to cover up accident)
3. I - impeachment
4. C - control/ ownership

Question 6

Settlements in Civil Cases - FRE 408

Answer 6

Underlying p/p: to encourage parties to settle claims outside of court

Settlements + Settlement Offers + Statements made during negotiations are generally inadmissible to:

1. Prove fault or amount of damages
2. Impeach witness with prior inconsistent statement or contradiction

Admissible if:

1. No dispute as to fault or amount of damages (may be admissible as an admission/ opposing party statement)
2. To show bias
3. Statements made during settlement negotiations in civil suit with government may be admissible in subsequent criminal case

Question 7

Offers to Pay Medical Expenses - 408

Answer 7

Underlying P/P reason: