Evidence Assessment 1

Question 1

Writing Used to Refresh a Witness

Answer 1

612:
1) Can be ANYTHING - statement or object
2) Used for “Present Memory Refreshed”
[Had knowledge But forgot ]
3) an ADVERSE Party is entitled to have the writing produced at the hearing,
- inspect it,
- cross-examine the witness about it,
- introduce in evidence any portion that relates to the witness’s testimony.

Question 2

Test for Relevant Evidence

(EXAM) (ALWAYS IN EVERY CASE!

Answer 2

401: [ It is Either Relevant or it is not]
a) it has any tendency to make a fact more or less probable than it would be without the evidence;
~and~
(b) the fact is of consequence in determining the action.

Question 3

All Relevant Evidence is Admissible

Answer 3

402
- Relevant evidence is admissible unless
[Exceptions] Unconstitutional ..etc

Question 4

Excluding Relevant Evidence for

Undue Prejudice,
Confusion, Waste of Time, etc

Answer 4

403 - BALANCING TEST (EXAM) (ALWAYS IN EVERY CASE!)
– Whether or not the Probative Value is Substantially outweighed by Unfair Prejudice
EX: Remote in Time = is it too far removed from the issue?

Question 5

Subsequent Remedial Measures

Answer 5

407:
 measures are taken that would have made an EARLIER injury or harm less likely to occur, evidence of the subsequent measures is NOT Admissible
But 
May be ADMISSIBLE - to prove:
another purpose, such as

• impeachment or
• (if disputed) … ownership, control, or the feasibility of precautionary measures.
• Firing a Bad Employee counts as a Remedial measure

***Exception: Actions by 3rd Parties = Allowed in **

Question 6

Compromise Offers and Negotiations

Answer 6

408:
Not Allowed in for either party to prove or disprove the validity or amount of a DISPUTED claim (of validity or amount)

BUT / Exceptions.

• may admit this evidence for another purpose, such as proving a witness’s bias or prejudice
• settled and one of the parties backs out, the evidence is allowed

Question 7

Offers to Pay Medical and Similar Expenses

Answer 7

409:

Not Allowed to prove liability for the injury.

Question 8

Pleas, Plea Discussions, and Related Statements

Answer 8

410:
NOT Allowed any statement made during plea discussions
if the discussions did not result in a guilty plea or they resulted in a later-withdrawn guilty plea.
Exception = Perjury

Question 9

Liability Insurance

Answer 9

411:
NOT admissible to prove whether the person acted negligently or otherwise wrongfully
BUT may be for
proving a witness’s bias or prejudice or proving agency, ownership, or control

Question 10

Methods of Proving Character

Answer 10

405:
Direct - Reputation or Opinion - When evidence of a person’s character or character trait is admissible

Cross - Acts Testimony allowed on Cross
- (Specific ACTS). When character trait is an essential element of crime charged

Question 11

Character Evidence; Crimes or Other Acts

Answer 11

404:
1) Not allowed as Propensity Evidence

2) Is Allowed if
- Defendant puts it in Issue / the prosecutor may offer evidence to rebut it
- Defendant offered it to put Victim on Trial ~ can use evidence for Def about same trait
- May be used for other purposes
- Civil Trial for Defamation