Intro, Federal Rules & Relevance

Question 1

These are 5 alternative answers that are almost always wrong so eliminate them:

Answer 1

1. “Inadmissible because it is not the best evidence.”
2. “Inadmissible because of the Dead Man’s Statute.”
3. “Inadmissible because the evidence is self serving and prejudicial.”
4. “The statement is part of the res gestae.”
5. T.V. Objections. “The witness is not on trial!” “The evidence calls for an inference

Question 2

Relevance

Answer 2

Irrelevant evidence is inadmissible. Relevant evidence might be admissible.

Relevance defined:

Evidence is relevant if it has any tendency to make the existence of any fact that is of consequence to the determination of the action more or less probable than it would be without the evidence.

Question 3

Distinguish relevance from probative value.

Answer 3

Probative value is about how much we effect the value of relevance

Question 4

Discretion to exclude relevant evidence.

Answer 4

Even if evidence is relevant, court has discretion to exclude if probative value is substantially outweighed by unfair prejudice, confusion, or waste of time. Look for emotionally disturbing evidence or evidence admissible for one purpose but inadmissible for another purpose.

Question 5

Exclusion of relevant evidence for policy reasons. Remember, even if evidence is relevant, it might not be admissible.

Answer 5

1. Liability Insurance
2. Subsequent remedial measures or repairs.
3. Settlements, offers to settle and pleas
4. Payment or offers to pay medical expenses.

Question 6

Exclusion of Liability Insurance

Answer 6

Evidence of liability insurance is inadmissible to prove culpable conduct like negligence or defendant’s ability to pay a judgment.

Evidence of insurance is admissible to prove anything else.

Question 7

Exclusion of Subsequent remedial measures or repairs

Answer 7

Evidence of safety measures or repairs after an accident is inadmissible to prove culpable conduct and, in a products liability action, is inadmissible to prove defective product design.

Remedial measures evidence is admissible to prove anything else.

Admissible to rebut defense of no feasible precaution.

Question 8

Exlcusion of Settlements, offers to settle and pleas.

Answer 8

In a civil case, evidence of settlements, offers to settle, and related statements are inadmissible to prove liability or fault. In a criminal case, pleas later withdrawn, offers to plea and related statements are inadmissible to prove guilt. This includes not just pleas of guilty but also nolo.

Exceptions:

1. where no claim filed or threatened
2. where no dispute as to liability or damages

Question 9

Exclsusion of Payment or offers to pay medical expenses.

Answer 9

Evidence of payments or offers to pay medical expenses is inadmissible when offered to prove liability for the injuries in question. But related statements are still admissible.

Question 10

Usually evidence is irrelevant if it is not about the specific people & events in issue. When is evidence about other people or events relevant?

Answer 10

When there are certain similarities between that evidence and the people & events at issue

Question 11

Types of Relevant Similar Occurences

Answer 11

1. Similar occurrences sometimes admissible to prove causation
2. Prior accidents or claims of plaintiff usually irrelevant - Exceptions
   
   1. Exception for pattern of fraudulent claims
   2. Exception for preexisting condition
3. Previous similar acts relevant to prove intent
4. Evidence relevant to rebut a defense of impossibility
5. Comparable sales relevant to establish value
6. Habit evidence admissible
7. Routine practice evidence
8. Industrial custom evidence relevant to prove standard of care in negligence case.

Question 12

Distinguish habit from character (which is often inadmissible).

Answer 12

Character evidence says something general about a person and conveys a moral judgment.

Habit describes specific conduct and makes no moral judgment.

Habit = frequently repeated conduct