EVIDENCE

Question 1

Relevance

Answer 1

A tendancy to make a material fact more or less plausible. This is a threshhold question.

Relevant Evidence is generally admissible.

Question 2

Rule 403 Balancing Test

Answer 2

A trial jduge has broad discretion to exclude relevant evidence if it’s probative value is substantially outweighed by the danger of:
1- Unfair prejudice
2- Confusion of the issues/misleading the jury
3- Undue delay/waste of time
4- Needless cumulation of evidence
This test generally favors admissibilty

Question 3

Judicial Notice

Answer 3

A court can accept some evidence as common knowledge without the need to prove it. This is allowed when the fact is undisputed because it is either well known or can be accurately and readily determined (e.g. October 10, 2017 was a Tuesday).

Civil Case - Conclusive on a jury
Criminal Case - Not binding, but the burden to prove it is satisfied

Question 4

Similar Occurrences Evidence

Answer 4

Generally, evidence relating to a time, person, or event other than the present case is inadmissible. There are some exceptions to this rule, including:
1- Prior false claims or the same bodily injury
2- Similar accidents from the same condition
3- Rebutting a claim of impossibility
4- Habit, Business Routine, or Industry Custom
5- To prove causation

Question 5

Habit Evidence

Answer 5

Evidence of a person’s regular response to a specific set of circumstances, shown by the frequency of the conduct, and the particularity of the circumstancces.

Generally admissible as circumstantial evidence, despite being evidence of similar occurrences.

Question 6

Public Policy Exclusions of Relevant Evidence

Answer 6

Liability Insurance
Subsequent Remedial Measures
Settlement Offers and Negotiations
Payments and Offers to Pay Medical Expenses
Plea Discussions

Question 7

Liability Insurance Exclusions

Answer 7

INADMISSIBLE:

• To prove negligence
• To prove ability to pay

ADMISSIBLE:

• To show ownership/control
• To impeach
• As part of an admission of liability (if it can’t be severed from the statement, e.g. “Don’t worry, my insurance will pay it off”)

Question 8

Subsequent Remedial Measures Exclusions

Answer 8

INADMISSIBLE:

• To prove negligence
• To prove culpable conduct
• To prove a defect
• To prove a need for warnings or instructions

ADMISSIBLE:

• To prove ownership/control
• To rebut a claim of impossibility of remedy
• To prove destruction of evidence

Question 9

Settlement Offers or Negotiations Exclusions

Answer 9

INADMISSIBLE:

• To prove validity or amount of disputed claim
• To impeach by prior inconsistent statement

ADMISSIBLE:
- For all other purposes (NOT accompanying statements of fact)

Question 10

Offers or Payments of Medical Expenses Exclusions

Answer 10

INADMISSIBLE:
- To prove culpable conduct

ADMISSIBLE:
- For all other purposes (INCLUDING accompanying admissions of fact)

Question 11

Plea Discussions Exclusions

Answer 11

INCLUDES:

• Offers to plead guilty
• Withdrawn guilty pleas
• Actual pleas of no contest
• Accompanying statements of fact

INADMISSIBLE:
- For nearly all purposes

ADMISSIBLE:
- Generally never admissible (unless an actual guilty plea was never withdrawn)

Question 12

Character Evidence

Answer 12

Refers to a person’s general propensity or disposition. Can be shown through opinion testimony, reputation testimony, or through specific acts (limited).

Question 13

Character Evidence in Civil Cases

Answer 13

Generally can only be admitted if character is directly at issue in the case.

E.g. Defamation, Negligent Hiring, Entrustment, Child Custody

Question 14

Character Evidence in Criminal Cases

Answer 14

Generally, the prosecution cannot introduce evidence of the defendant’s bad character in their case in chief

Defendant may “open the door” by presenting evidence of their good character

Question 15

Character Evidence in Criminal Cases

Answer 15

Generally, the prosecution cannot introduce evidence of the defendant’s bad character in their case in chief, unless it fits a MIMIC exception.

The defendant may “open the door” by presenting evidence of their good character in their case in chief, subject to rebuttal by prosecution

Question 16

Defendant’s Use of Character Evidence in Case-in-Chief

Answer 16

Defendant may present evidence in their case in chief as to their relevant good character trait.

Methods:

• Reputation Testimony
• Opinion Testimony

Question 17

Prosecution’s Use of Character Evidence on Cross/Rebuttal

Answer 17

If the defendant opens the door to their relevant good character trait, the prosecution may:
1 - Cross-examine the defendant’s witness as to their bad character as to that trait
2- Bring their own witness to show D’s bad character as to that trait

Methods:

• Knowledge of Specific Acts (D’s Witness on cross)
• Reputation Testimony
• Opinion Testimony

Question 18

Victim’s Character in Criminal Case

Answer 18

Defendant - May bring evidence of Victim’s relevant bad character trait if D has a claim of self-defense

Prosecution - May rebut D’s evidence of Victim’s character with Victim’s good character OR D’s bad character for the same trait

Methods:

• Reputation Testimony
• Opinion Testimony

Question 19

Character Evidence in Sexual Assault Cases

Answer 19

Defendant - Character evidence admissible to show previous acts of sexual assault; admissible in both civil and criminal cases

Victim - Character evidence as to victim’s sexual behavior or disposition is generally inadmissible, except:
1 - In CRIMINAL cases, to prove that phusical evidence is not the Defendant’s, or to prove Defense had consent
2- In CIVIL cases, if the probative value substantially outweighs the danger of the harm to the victim and any unfair prejudice (403 Exception; favors inadmissibility)

Question 20

Character Evidence for MIMIC

Answer 20

Evidence to show a person's former crimes, wrongs, or bad acts is admissible if used for a purpose other than to prove propensity. Such other purposes include:
Motive
Intent
Mistake (absence of)
Identity
Common plan/scheme