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Evidence > II. Relevance > Flashcards

II. Relevance Flashcards

1
Q

Question 1: How is evidence relevant?

A
  • relevant if it has ANY TENDANCY to make a material fact MORE PROBABLE OR LESS PROBABLE than it would be without the evidence
  • Liberal Rule
  • Ask yourself who is offering it? how does it fit in case in fact?
  • Examples:
    • goes to motive
    • proves access
    • had training ability knowledge
    • prior tenency to violence
    • provides for opportunity
    • speaks to characte r
      *
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2
Q

Disrection

A
  • All relevant evidence is admissible unless it:
    1. meets a rule of exclusion OR
    2. Court makes a discertionary determination that the probabive value of the evidence is substnatially outweighed by its negative effects
  • Prejudice must be unfair to count agianst admissibility
    • when it is caused by the illegitmate use of hte evidence
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3
Q

Policy Based Exceptions

A
  1. Liability Insurance
  2. Subsequent Remedial Measures
  3. Settlements and Offers to Compromise
  4. Character Evidence
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4
Q

Liability Insurance

A
  • evidence of having or not having liability insurance is INADMISSIBLE TO PROVE FAULT OR ABSENCE OF FAULT
  • may be admissible for other pruposes (ownerhip/control, IF CONTROVERTED OR FOR IMPEACHMENT)
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5
Q

Subsequent Remedial Actions

A
  • INadissible for the purpose of suggesting that by taking the masure, the party admitted negligence, culpable conduct, product defecr, need for warning
  • BUT is admissible for some other relevant purpose such as proof of ownership, fesasbility of safer condition, IF either is controveted
  • GA: allows it for products liability case to prove liability–not true in federal rules
  • If ordered by a 3P, then it is not excluded (E.g. health department said you must clean kitchen)
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6
Q

Limiting Instructions

A

Whenever evidence meets a policy exclusion that makes it inadmissible for one purpose but admissible for another, the court should issue it with a limiting insturction.

e.g Do not consider it for liability but consdier it for ownerhips

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7
Q

Settlements and Offers to Comrpmise Disputed Civil Claims

A
  • Evidence of a settlement of a disputed civl claim or offer to settle is INADMISSIBLE in all cases to prove LIAIBILTY OR WEAKNESS OF PARTY’S CASE
  • STATEMENTS OF FACT made in the course of settlement discussions are generally inadmissible for all puproses including witness impeachment
  • Only applies if there is a claim that is disputed either as to validity or the amoutn of damages
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8
Q

settlement discussion of a disputed civil claim asserted by A GOVERNMENT AGENCY

A
  • when in the exercise of its regulatory investigative or enforcement authoirty, statements of fact are admissible in a RELATED CRIMINAL CASE on issues of guilt or witness impeachment
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9
Q

Plea bargaining in a criminal case

A

The following are inadmissible:

  1. OFFER TO PLEAD GUILTY–cannot be used against defendant in pending crim case or in subseqnet civil lit based on same facts
  2. WITHDRAWN GUILTY PLEA: cannot be used against d in pending criminal case or in subsequent civil lit based on same facts
  3. PLEA OF NOL CONTENDRE: cannot be used against d in subsequent civil lit based on same facts
  4. STATEMENT OF FACT: made in anay of the above plea discussions (includes statements made where government said lesser charges if you gave information if lesser charges weren’t actually given)

An actual PLEA of guilty that is not withdrawn is admissible in subequent litigation as a party admission

Traffic court finding not usable in civl proceeding unless you plead guilty b/c then it’s an admission

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10
Q

Offer to Pay Hospital or Medical Expesnse

A
  • Evidence that a party has paid or offered to pay an accident victim’s hospital or medical expenses is INADMISSIBLE to prove liability
  • Statements by party admitting fault or other relevant facts are allowed
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11
Q

APology Statutes

A

In GA, statements of a medical professional expressing sorrow, regret, error or fault are INADMISSIBLE against the defendant in med mal case to prove neglgience

NO SUCH RUEL IN FRE although if the plaintiff admits that ey did nothing than this is admissible (e.g. P says he didn’t take meds–not that hte doctor failed to provide good course of treatment)

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12
Q

Collateral Source Rule

A
  • In tort case, inadimissible to show that plaintiff received beneifts or compensation for his losses or injuries outside tort system (e.g. insurance, chairty etc)
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13
Q

Character Evidence: Generally

A
  • refers to a person’s propensity or disposition to act in a certain way
  • Evidence of a person’s character is INADMISSIBLE to prove that the person acted in conformity with his or her character on a particular occastion (inference)
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14
Q

Exceptions to Inadmissibility of Character Evidence

A
  1. Person’s character is an ESSENTIAL ELEMENT TO CASE
  2. ACCUSED GOOD CHARACTER when offered by defense; admissible in rebuttal
  3. Pertinent character trait of the VICTIM
  4. Character of a WITNESS for untruthfulness; bring in in rebuttal when truthfulness has been offered

Must learn when it is admissible and how to prove it

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15
Q

Ways to present evidence of someone’s character (how to prove it)

A
  1. reputation of the subject
  2. his or her opinion of subject
  3. specific acts of subject
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16
Q

Exception: Person’s Character is Essential Element in the Case

A
  • Admissible if a achacter or a trait of character is an ESSENTIAL element of a claim charage or defense
  • Trier of fact MUST consider character as an issue in deciding hte case
  • E.g. libel case where someone called crook. Defense of truth would necessitate evidence of character showing he is a crook
  • BUT MUST BE AN ESSENTIAL ELEMENT (e.g. does not work in automobile accident for negligence to show that they were bad driver unless D brings up that she’s a good driver)
  • (e.g. Murder case–introudcing violent nature not okay. Just b/c you’re violent or not violent does not make the actual murder more provable)
    *
17
Q

Exception: Character of the Accused

A
  • Evidence of the accused’s character to prove conduct in conformity is NOT admissible during the prosecution’s case
  • However the accused, during the defense, may introudce evidence of character trait
    • doing so OPENS THE DOOR for prosecution to rebut
      *
18
Q

Character of the Accused offered through a characther witness

A
  • When offered through a character witness, may only share chracter evidence by 1) REPUTATION & 2) OPINION
  • NO SPECIFIC INSTANCES OF CONDUCT are inadmissible on direct examination (except where the character trait trying to be proved is an essential element)
    • GA: a Defendant though may cite specific instances though in their own testimony
19
Q

Prosecution’s Rebuttal once Defendant Opens the Door

A
  • Once the D opesn the door may rebut:
    • by cross-examing defendant’s chracter witness with questions about SPECIFIC ACTS of the defendant that rebut the character trait d has introduced (must have good faith basis for question) AND/OR
    • by calling its OWN reputation or opinion character witnesses to rebut
  • On cross-examination, must accept the witnesses answers
  • Must only question on the character trait that was brought in question
20
Q

Execpetion: Character of the Victim

A
  • Accused may offer evidence of a pertinent character trait of the victim
    • (e.g. victim says D pushed her off bridge; defense is that she was drunk; show evidence that she was an alcoholic)
  • Once introduced, prosecution may introduce character evidence to rebut defendant’s evidence (that she was 10 years sober)
21
Q

Victim’s Character: Self-Defense

A
  • may introduce evidence of victims violent character to prove victim’s conduct in confomity (circumstantial evidence that shows he had proclivity to be first agressor)
  • HOW: character witness may speak to repubation and opinion BUT NO SPECIFIC INSTANCES OF CONDUCT ON DIRECT EXAMINATION OF A CHARACTER WITNESS (may come through cross or rebuttal)
    • in rebuttal, evidence of victim’s chracter for peacfulness (with reputation or opinion only)
  • IF defense shows evidence of victim’s violent nature than prosecution may PROVE DEFENDANT’S VIOLENT CHARACTER
  • In Homicide: any evidence presented to suggest victim was first aggressor allows Prosecution to bring evidence of peacefulness into the case
22
Q

Victim’s Character: Sexual Misconduct

A
  • FEderal Rape victim shield law (both criminal and civil), where the defendant is alleged to have engaged in sexual misconduct, the following evidence about the VICTIN is ordinarily INADMISSIBLE:
    • opinion or reputatoin about the victim’s SEXUAL PROPENSITY OR
    • evidence of SPECIFIC SEXUAL BEHAVIOR OR ATTITUDES of hte victim
  • EXCEPTIONS:
    • if pros offers evdience of semen or physicial or mental injury to the victim corroborates rape, accused may offer evidence that someone other than D was the source
    • If the accused admits sexcual contact with the victim but claims no conent, accsued may offer evidence of prior sonensual sexual activity with the victim
      • may be rejected if injuries inconsistent w/ consent
  • Evidence of sexual character applies to P and D both (P cannot shows that victim does not approve of non-marital sex)
23
Q

Exception: Defendant’s Other Crimes, Wrongs or ACts offered for non-character purpose under 404(b)

A
  • Other Crimes or specific bad acts of d are not admissible during P case-in-chief if the only purpose is to suggest that because the d has done things in hte past, he is more likely to have the committed the crime on trial
  • BUT if defendant’s other crimes or bad acts show SOMETHING SPECIFIC ABOUT THE CRIME CHARGED–more than just bad character–may be admissible as evidence bearing on guilt
  • Not limited to criminal cases
  • Notice:
    • FEderal: only need to give notice if defendant requests
    • Georgia: must give notice automatically except when proving motive, prior difficulties b/w d and v, or circumstances surrounding the charged crime
24
Q

Common non-character puproses under 404(b)

A
  1. Motive
  2. Intent
  3. KNowledge
  4. Identity
  5. Plan or Scheme
  6. Absence of Mistake or Accident
  7. Opportunity
25
Q

Res Gestae

A
  • events part of Res Gestae (things done) or are inextricably intervwined with events in question are admissible notwithstanding the caracter rule
26
Q

Method for Proving 404(b) evidence

A
  • Any evidence that proves the crime 1) occurred and 2) shows its noncharacter relevance
  • Conditional relevancy stadnard–> prosecution need only produce sufficient evidenc from which a reasonable juror could conclude the defendant committed the other crime
  • Court must insure defendant is acutally contesting issue to which other crimes or acts eivdence is addressed
  • Can be presented in case and cheif b/c it is not considered character evidence
27
Q

Other Sexual Misconduct to Show Propensity in Sex Crime Prosecution or Civil Action

A
  • In a case alleging sexual assault or child molestation, prior similar sexual misconduct of hte accused IS ADMISSIIBLE as part of case in chief for any relevant purpose including propensity to committ sex crimes.
  • Must be same kind of sexual offense (public urination does not bear on child pornogrpahy)
28
Q

Character Rules in Civil Cases

A
  • Character evidence is INADMISSIBLE to prove CONDUCT IN CONFORMITY
  • defendant may not put character in issue in civil cases
29
Q

Civil: Similar Occurrences

A
  • inadmissible if only offered to prove a party acted similarly on a prior occasion to how the party acted on the ocassion in question.
  • admissible if for other purpose subject to limiting (e.g. guy hits lampost sues city for negligent placement of post; had accident earlier that week. Can’t use accident as evidence that he’s a reckless driver but can use it to show that his injury may have been caused by prior accdient
30
Q

Civil: injuries caused by a thing/animal

A
  • similar injuries or losses caused by a thing, not a person are admissible if rleevant
  • Determined by the SUBSTANTIAL SIMILIARITY TEST
31
Q

Civil: Custom in the Industry/Standard of Care

A
  • evidence as to how others in the same trade or industry have acted in the recent past may be admitted as evidence as to howe a party in the instance litigation SHOULD HAVE ACTED
  • Evidence of the appropriate standard of care
  • Patter & Practice
32
Q

Civil: Habit or Routine Practice

A
  • Habit (of a pesron) or Routine PRactice (of an org) is admissible as CIRCUMSTANTIAL EVIDENCE of how the person or business acted on the occasion at issue in the litigation
  • Must be
    • REPETITIVE response to similar set of circumstnace
    • INVARIABLE RESPONSE–cannot be often or usually
    • AUTOMATIC–no deliberation
    • SIMPLE–no complexity to behavior
  • Do not be broad in this–must meet all standards
33
Q

Business Routine Practice

A
  • more lenient than habit b/c person’s change but company make systemic chocies–usually those choices are well documented

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