Evidence - Relevance, Authentication, Best Evidence, Witnesses, Impeachment Flashcards
Evidence is RELEVANT if it has
any tendency to make a material fact more or less probable than would be the case without the evidence.
The general rule is that all evidence is admissible, unless
(1) an exclusionary rule applies
(2) the probative value of the evidence is substantially outweighed
When considering whether the probative value of the evidence is substantially outweighed by unfair prejudice, the six factors that the judge considers are
(1) danger of unfair prejudice
(2) confusion of the issues
(3) danger misleading the jury
(4) unreasonably delay
(5) waste of time
(6) unduly cumulative
Generally, plaintiff’s accident history is (admissible/inadmissible) because __________.
inadmissible; shows nothing more than the P is accident prone and being accident prone is inadmissible character evidence in a civil action.
Plaintiff’s prior accidents are admissible if
the event that caused the plaintiff’s injuries is in issue (e.g. defendant is contending that a prior accident caused P’s injury, not the injury for which D might be responsible).
Generally, defendant’s accident history is (admissible/inadmissible) because ________.
inadmissible; it shows nothing more than that D has a general character for being careless.
Other accidents involving the defendant and the same instrumentality or condition may be admitted for three potential purposes if the accident occurred under __________.
substantially similar circumstances.
**Same type of weather, daytime/nighttime, traffic conditions, etc.
The three purposes for which defendant’s accident history may be admitted are
(1) to show the existence of a dangerous condition
(2) causation of THIS accident (instrumentality or condition that caused the accident, not the P’s own negligence)
(3) notice to the D
Evidence of experiments or tests may be admissible if the experiment or test occurred under
substantially similar circumstances.
If intent is in issue, _______ of a person may be admissible to raise an inference of the person’s _______ on a later occasion.
prior similar conduct; intent
If value is in issue, ______ ______ are admissible.
comparable sales. Property must be of similar type, location, and close in time period.
______ of a person or routine of an organization is admissible as circumstantial evidence of how the person or business acted __________ at issue in the litigation.
Habit; on the occasion.
Habit is defined as a
repetitive response to a particular set of circumstances.
The two defining characteristics of habit are
(1) frequency of conduct
(2) particularity
**Look for words like always, never, invariably, automatically, instinctively.
Industrial custom is admissible to show how a party in the instant litigation
should have acted, i.e. as evidence of the appropriate standard of care.
The policy-based exclusions are
(1) liability insurance
(2) subsequent remedial measures
(3) settlements of disputed civil claims
(4) plea bargaining in criminal cases
(5) offer to pay hospital or medical expenses
Evidence that a person has liability insurance is _________ for the purpose of _________.
inadmissible; proving fault or the absence of fault
**Policy: encouraging people to carry insurance, concern that the jury will find for P b/c of the insurance
Evidence of insurance may be admissible for the purposes of showing (1) ________ or (2) _______, but ONLY IF those issues are (3) _______ by the defendant.
(1) proof of ownership or control of the instrumentality or location
(2) impeaching a witness on the ground of bias
(3) disputed
If evidence is admissible for one purpose but not another, then a _________ should be given to the jury.
limiting instruction
Subsequent remedial measures are _________ for the purpose of proving ___________.
inadmissible; negligence, culpable conduct, product defect, need for a warning.
**Policy: encourage people to fix things
Subsequent remedial measures may be admissible for the purpose of showing (1) _________ or (2) _________, but ONLY IF those issues are ______ by the defendant.
(1) ownership or control
(2) feasibility of a safer condition
(3) disputed
In the event of a DISPUTED civil claim, the following types of settlement-related evidence are inadmissible to prove liability:
(1) evidence of settlement
(2) offer to settle
(3) statements of fact made during settlement discussions
**Policy: encourage settlement.
Settlement evidence is admissible for the purpose of _______.
impeaching a witness on the ground of bias (e.g. one D settles with P and then testifies against the other D, the other D can introduce the settlement as evidence of bias)
Statements of FACT made during settlement discussions in a civil case with a government regulatory entity are ______ in a later _______ case.
admissible; criminal. Note, offers to settle are NOT admissible under this exception, only statements of fact.