Evidence- Relevance Flashcards
When is evidence relevant?
if it has ANY tendency (probativeness) to make a fact of consequence (materiality) more or less probable
When is irrelevant evidence admissible?
Never
When is relevant evidence admissible?
Always, unless:
- specific exclusionary rule (hearsay, privilege, etc)
- court uses its 403 discretion
Under 403, when may a court exclude otherwise relevant evidence?
Probative value of the evidence is SUBSTANTIALLY OUTWEIGHED by:
(a) danger of UNFAIR prejudice (jury decides based on emotion);
(b) evidence creates side issue
(c) misleading the jury
(d) undue delay
(e) waste of time
(f) unduly cumulative
- surprise does not apply
Are similar occurrences (e.g. evidence that involves some other time, event, or person other than the case at hand) admissible?
Ex. P drove into lamp post and sued property owner for negligence. P has driven into lamp posts in the past. Admissible?
Generally no, but there are many exceptions listed below (next 5 cards)
When is P’s accident history admissible?
Only if using it to show that the cause of the injury was this specific accident and not another one. (E.g. to show that P’s injury was caused by another accident and not this accident)
But can’t use it to show that P is accident prone.
When are similar accidents caused by same event or condition admissible?
ex. In lamp post example, other people who have backed into lamp posts
- to prove the existence of a dangerous condition
- to show causation
- to show D had prior notice (if other accident occurred before plaintiff’s)
Is prior conduct admissible to provide inference of intent on later occasion?
Yes.
Ex.: showing that large company sued for sex discrimination hadn’t hired a female in a decades.
What is the difference between habit (admissible) and character evidence (limited admissibility)?
Character: person’s general disposition or propensity
(e.g. “Joe is a careful driver”)
Habit: the FREQUENCY of conduct and the PARTICULARITY of circumstances
(e.g. “Joe stops at every stop sign and I ride with him every day”)
When can industrial custom be admissible?
as evidence of appropriate standard of care in an industry
Is evidence of liability insurance (or lack thereof) admissible to show negligence or ability to pay?
Not to show negligence or ability to pay.
BUT, it may be used to prove ownership, to impeach, or as part of an admission of liability.
Is evidence of subsequent remedial measures admissible?
Not to prove culpable conduct.
BUT, it may be used to prove ownership or control rebut a claim that precaution was not feasible, or prove that opposing party has destroyed evidence.
Are settlement offers (including admissions of liability made during settlement negotiations) admissible?
Not admissible to prove or disprove the validity or amount of a disputed claim, or to impeach a witness by prior inconsistent statements IF (a) there is some indication that the party is going to make a claim and (b) there is a dispute as to the amount.
Are offers to pay medical expenses admissible?
No, BUT admissions of fact accompanying offers to pay medical expenses are admissible
- if the offer to pay medical expenses is part of a negotiation of settlement, then use the more restrictive rules that apply to settlement offers (not the rules that apply to offers to pay medical expenses).
What kinds of pleas are inadmissible?
withdrawn guilty pleas, pleas of nolo contendre, offers to plead guilty, and statements made in negotiating pleas
