Lecture 4. Article IV. Relevancy

Question 1

What is the relevancy of evidence?

Answer 1

Relevancy refers to evidence’s tendency to prove or disprove a fact of consequence, including its materiality and probative value

Question 2

Define “materiality” in the context of evidence.

Answer 2

Materiality is whether the evidence relates to an issue in the case.

Question 2

What is Rule 401?

Answer 2

Evidence is relevant if:
(a) It makes a fact more or less probable than it would be without the evidence; and
(b) The fact is of consequence in determining the action.

Question 2

How does relevancy differ from sufficiency?

Answer 2

Relevancy refers to evidence making a fact more or less probable. Sufficiency means there’s enough evidence to meet the burden of proof.

Question 2

What is the general principle of Rule 402?

Answer 2

Relevant evidence is admissible unless prohibited; irrelevant evidence is inadmissible.

Question 2

What analogy does Pr. Thayer use to describe relevancy and sufficiency?

Answer 2

“A brick (relevant evidence) is not a wall (sufficient number of bricks to make the wall).”

Question 2

What are the two types of relevant evidence?

Answer 2

Direct evidence and circumstantial (indirect) evidence.

Question 2

What makes immaterial evidence inadmissible?

Answer 2

It doesn’t make a fact of consequence more or less probable.

Question 3

Give an example of direct evidence.

Answer 3

A witness testifying, “I saw X shoot Y.”

Question 3

What is circumstantial evidence?

Answer 3

Evidence based on inference, like finding shoe marks at a crime scene.

Question 3

When is relevant evidence inadmissible under Rule 402?

Answer 3

If prohibited by:
- The Constitution,
- A federal statute,
- These rules, or
- Supreme Court rules.

Question 4

What does Rule 403 allow a court to do?

Answer 4

Exclude relevant evidence if its probative value is outweighed by dangers like:
- Unfair prejudice,
- Confusing the issues,
- Misleading the jury,
- Undue delay, or
- Wasting time.

Question 4

What is an example of evidence excluded under Rule 403 for misleading the jury?

Answer 4

Lie detector test results.

Question 5

What is the general rule about character evidence under Rule 404(a)?

Answer 5

It is not admissible to prove that a person acted in accordance with a character trait on a specific occasion.

Question 6

What are the exceptions for character evidence in criminal cases?

Answer 6

• Defendant may introduce evidence of their pertinent trait; prosecutor may rebut.
• Defendant may introduce evidence of the victim’s pertinent trait; prosecutor may rebut and present evidence of the same trait in the defendant.
• In homicide cases, the prosecutor may present evidence of the victim’s peacefulness to rebut claims they were the first aggressor.

Question 7

When is evidence of other crimes or acts admissible under Rule 404(b)?

Answer 7

To prove motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident.

Question 8

What are the methods of proving character under Rule 405?

Answer 8

• Reputation or opinion (general testimony).
• Specific instances of conduct (only when character is an essential element of a claim, charge, or defense).

Question 9

What is Rule 406 about habits?

Answer 9

Evidence of a person’s habit or an organization’s routine practice is admissible to show they acted consistently in a specific instance.

Question 10

What does Rule 407 exclude?

Answer 10

Evidence of subsequent remedial measures to prove negligence, culpable conduct, or product defects.

Question 11

What does Rule 408 prohibit?

Answer 11

Using evidence of compromise offers to prove liability or invalidate a claim.

Question 12

What does Rule 409 address?

Answer 12

Payment or offers to pay medical expenses are not admissible to prove liability.

Question 13

What is prohibited under Rule 410?

Answer 13

Evidence of withdrawn guilty pleas, nolo contendere pleas, and related plea discussions.

Question 14

What does Rule 411 state about liability insurance?

Answer 14

Evidence of liability insurance is inadmissible to prove negligence but may show bias, agency, or control.

Question 15

What does Rule 412 generally exclude?

Answer 15

Evidence of a victim’s past sexual behavior or predisposition in sexual misconduct cases, with limited exceptions.

Question 16

What does Rule 413 allow in sexual assault cases?

Answer 16

Evidence of the defendant’s prior sexual assaults is admissible.

Question 17

What is Rule 414 about?

Answer 17

Allows evidence of prior acts of child molestation in cases of alleged child molestation.

Question 18

Summarize Old Chief v. US (1997).

Answer 18

The defendant objected to the prosecution mentioning prior felonies due to unfair prejudice. The court allowed it, and he was convicted.

Question 18

What does Rule 415 address?

Answer 18

Admits evidence of sexual assault or child molestation in civil cases.