General Concepts Flashcards
1
Q
Relevant Evidence
A
Material + Probative
2
Q
Rule of Admissibility
A
Relevant evidence is generally admissible unless:
1. Kept out by rule
Or
2. 403 (probative outweighed by prejudice)
3
Q
403
A
Probative value is substantially outweighed by the risk of unfair prejudice, delay, confusion, misleading.
4
Q
Admissibility of Similar Occurrences
A
Generally if evidence involves a different person, time , place, = not admissible.
Exceptions
1. Plains accident history (not to show careless)
2. Other accidents involving defendant (to show dangerous, prior warning)
3. Absence of similar accidents
4. Habit
5. Industry custom (to show appropriate standard)
5
Q
Habit
A
Person’s REGULAR response to a SPECIFIC set of circumstances.
