Evidence Flashcards
Exception to where state law is applied instead of evidence law
Law of privilege in a diversity case
Except for rules relating to privilege, the Federal Rules do not apply in:
(1) the court’s determination of a preliminary question of fact relating to admissibility
(2) grand jury proceedings; and
(3) other miscellaneous proceedings, including those involving sentencing, extradition, issuing an arrest or search warrant, preliminary examination in a criminal case, bail, and probation.
Evidence is relevant if ___
it has any tendency to make the existence
of any fact of consequence to the determination of the action more probable or less probable than it would be without the evidence.
Elements of relevance:
- Material: that is, the proposition must be “of consequence” in the case (though it does not need to be the ultimate issue); and
- Probative: meaning, the evidence has “any” tendency to make the proposition more or less likely
All relevant evidence is admissible, unless:
- It is kept out by some specific exclusionary rule of evidence that you will be learning about in subsequent modules (hearsay, privilege, public policy exclusions, etc.); or
- The court uses its Rule 403 discretion to keep it out
Rule 403
A trial judge has broad discretion to exclude relevant evidence if its probative value is substantially outweighed by a list of dangers
Dangers for Rule 403
- Danger of unfair prejudice (there is a danger that the jury will decide the case on an emotional basis)
- Confusion of the issues (the evidence creates a side issue)
- Misleading the jury (there is a danger that the jury will give undue weight to the evidence)
- Undue delay
- Waste of time
- Needless presentation of cumulative (repetitive) evidence
Under the Federal Rules, ____ is not a valid ground upon which to exclude relevant evidence.
unfair surpise
As a general rule, if evidence involves some time, event, or person other than _____, it is inadmissible.
that involved in the present case
Despite the general rule above (evidence relating to another event/time/person don’t survive 403), some recurring situations have produced concrete rules that may allow prior similar occurrences to be admitted, these include:
- Plaintiff’s Accident History—Prior False Claims or Same Bodily Injury
- Similar Accidents or Injuries Caused by Same Event or Condition
- Previous Similar Acts Admissible to Prove Intent
- Sales of Similar Property
- Rebutting Claim of Impossibility
- Causation
- Habit and Business Routine Evidence
- Industry Custom as Evidence of Standard of Care
Evidence that a person has previously filed similar tort claims or has been involved in prior accidents is generally inadmissible to show the invalidity of the present claim; all it demonstrates is that the person is litigious or accident-prone.. However, such evidence may be admissible if it tends to show something other than carelessness:
- Evidence that a plaintiff has made previous similar false claims is usually relevant to prove that the present claim is likely to be false.
- Evidence of prior accidents may be admissible where the cause of the plaintiff’s damages is at issue. If the plaintiff previously injured the same part of their body, the evidence may be admitted to show that the plaintiff’s condition is attributable (in whole or in
part) to the prior injury rather than the current accident.
Generally, other accidents involving the defendant are inadmissible because they merely show the defendant’s general character for carelessness. However, evidence of prior accidents or injuries caused by the same event or condition and occurring under ____ is admissible to prove:
substantially similar circumstances
(1) the existence of a dangerous condition,
(2) that the dangerous condition was the cause of the present injury, and
(3) that the defendant had notice of the dangerous condition (if the other accident occurred before the plaintiff’s accident).
Many courts are reluctant to admit evidence of the ____ of similar accidents to show absence of negligence or lack of a defect. However, evidence of the absence of complaints is admissible to
show ____
absence; the defendant’s lack of knowledge of the danger.
Similar conduct previously committed by a party may be admissible to prove ____ in the current case.
the party’s present motive or intent
Evidence of ____ is admissible to prove the property’s value. However, prices quoted in ____ generally aren’t admissible.
sales of similar personal or real property around the same time period; mere offers to purchase
The requirement that prior occurrences be similar to the litigated act may be relaxed when used to ____
rebut a claim of impossibility
Complicated issues of causation may be established by evidence concerning other ____
times, events, or persons
Habit and Business Routine Evidence
Evidence of a person’s habit (or evidence of the routine practice of an organization) is admissible as circumstantial evidence that the person (or organization) acted in accordance with the habit on the occasion at issue in the case.
Habit describes a person’s regular response to ____
a specific set of circumstances.
There are 2 defining characteristics of habit:
(1) frequency of conduct and
(2) particularity of circumstances.
As opposed to habit evidence character describes someone’s general disposition or propensity with respect to ____
general traits.
Evidence as to how others in the same trade or industry have acted in the recent past may be offered as evidence of ____.
the appropriate standard of care (to show how the party in the current case should have acted)
–> However, industry custom isn’t conclusive on this point; for example, an entire industry may be acting negligently
Public Policy Exclusions
- Liability Insurance
- Subsequent Remedial Measures
- Civil Settlements and Settlement Negotiations
- Plea Discussions
- Payments of and offers to pay medial expenses
Evidence of a party’s insurance against liability (or lack thereof) is NOT admissible to show ____
whether the party acted negligently or otherwise wrongfully (meaning, it is inadmissible to prove the party’s fault or
absence of fault).