Evidence Flashcards
Logical Relevance
If it tends to prove or disprove a material fact.
CA: Fact must be in dispute.
Legal Relevance
Evidence is legally relevant if its probative value is substantially outweighed its by the prejudicial effect, or confusing of issue, misleading jury, consumption of time.
“Evidence is legally irrelevant if its probative value is substantially outweighed by unfair prejudice, confusion of the issues, the danger of misleading the jury or undue time consumption.”
Liability Insurance
Evidence that a person was or was not insured against liability is not admissible upon the issue of whether she acted negligently or otherwise wrongfully. Nor is it admissible to show ability to pay a substantial judgment. However, it may be admissible to prove ownership of control.
Subsequent Remedial Conduct
Evidence of repairs or other precautionary measures made following an injury is inadmissible to prove negligence, but may be admissible to prove ownership and control.
CA: Admissible to prove defective design in strict liability action
Settlement Offers
Evidence of compromises or offers to compromise is inadmissible to prove liability for or invalidity of a claim that is disputed as to validity or amount. Public Policy favors the settlement of disputes without litigation, and settlement would be discouraged if either side were deterred form making offers by the fear that they would be admitted in evidence.
CA: Discussions during mediation proceedings inadmissible
Payment/Offer to Pay Medical Bills
Evidence that a party offered to pay the injured party’s medical expenses is inadmissible to prove liability for the injury. Under the CEC, both the offer to pay and the admission of fact is inadmissible to prove liability.
CA: Admissions of fact accompanying offers to pay are inadmissible
Guilty Pleas
Requires party is going to make a claim AND Claim must be in dispute
CA: Discussions during mediation proceedings inadmissible
Sympathy
CA: Expressions of sympathy inadmissible in civil actions
Statement of fault accompanying them are okay
Character Evidence - Civil Cases
Generally not admissible Unless:
Claim based on sexual assault or child molestation
CA: Above exception does not apply!
Character Evidence - Criminal Cases
In a criminal case under the FRE, CEC and Prop. 8, the prosecution cannot initiate evidence of a defendant’s bad character merely to show that the defendant was more likely to commit the crime charged unless the defendant first puts character in issue. However, extrinsic evidence of other crimes or misconduct is admissible if independently relevant to some issue other than the defendant’s character.
Memorize!
“Out of court statements are not offered for the truth of the matter asserted, and thus admissible when they are offered to show: a) effect on the hearer; b)the declarant’s state of mind; c) impeach; d) legally operative language; e) to refresh recollection.”
Memorize!
“Out of court statements may be offered for the truth of the matter, but be exempt hearsay (in CA all of these are hearsay exceptions, not exemptions): a) prior inconsistent statement, under oath; b) prior consistent statement; c) prior identification; or d) admissions by party opponent.”
