Evidence

Question 1

Factors to determine RELEVANCE

Who Determines

Answer 1

Judge determines RELEVANCE based on:

Any tendency to make a material fact more or less probable than it would be without the evidence.

Question 2

What RELEVANT evidence is admissible?

Answer 2

All relevant evidence is deemed admissible UNLESS:
An exclusionary rule is applicable OR Judge makes discretionary finding that probative value outweighed by one more more of 6 pragmatic considerations:
1. UNFAIR PREJUDICE
2. danger of confusion
3. Misleading jury
4. waste of time 
5.unduly cumulative
6. undue delay

Question 3

Exceptions to inadmissible due to not being material to events etc. in case at hand

Answer 3

• Plaintiffs accident history ONLY in civil action related to event that caused injury. otherwise it is character (for carelessness) and inadmissible.
• similar accidents caused by same condition or instrumentality: only if conditions were substantially similar AND shows that:
  Dangerous condition existed
  It was CAUSATION
  D had knowledge of condition;
• Intent is in issue (prior similar conduction admit)
  *comparable sales value
  *HABIT (or routine of business) to show that D acted in accord on occasion in issue. Frequency and Particularity
• Industrial custom or standard

Question 4

Exceptions to admissible based on POLICY;

Answer 4

• Liability insurance (YES to show ownership iF denied by D)
• settlement IN DISPUTED CIVIL CLAIMS [see exceptions]
• subsequent remedial measures (YES if to show ownership, feasibility of measures ONLY if disputed b D
• Plea bargain in crim case
• Offer ot pay medical expenses BUT NOT ADMISSIONS OF FACT

Question 5

WHAT ARE THE EXCEPTIONS TO INADMISSIBILITY OF SETTLEMENTS OF DISPUTES (meaning the stuff gets in)

Answer 5

NUNCA SETTLEMENT, OFFERS TO SETTLE, STATEMENTS OF FACTS IN NEGOTIATIONS except: *show bias to impeach or the Enron exception facts admitted to govt agency subsequently used in criminal case
NOTE for exception to apply, clam must be in dispute as to amount or liability. Discourage deadbeat admissions

Question 6

When is character evdience admissible?

Answer 6

*Person’s character is essential element of case
(OJO: rare in civil and NEVER in criminal)
* as circumstantial evidence of D acting in conformity
* Bad character for truthfulness to IMPEACH