Logical Relevance

Question 1

Mnemonic

Answer 1

“Remember to PRePat the start of discussing each type of evidence, and then to watch for the CHIPPs, and you will tackle any evidence essay!”

I. Logical Relevance
II. Legal Relevance & Judicial Notice
III. Public Policy Exceptions
IV. Personal Knowledge, Testimonial & Documentary Evidence
V. Privileges
VI. Character Evidence & Impeachment
VII. Hearsay

Question 2

Logical Relevance definition

Answer 2

Any evidence that has a 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

Of consequence

Answer 3

means the substantive law you look to in order to decide what facts are of consequence Must relate to:

Time
Event
Or
Person in Controversy

Question 4

More or less probable

Answer 4

if it affects the probability of a fact of consequence to any degree, it is relevant evidence.

(Not all that is relevant is permitted)

Question 5

Logical Relevance: similar Occurences

Answer 5

To prove causation= Admissible, but must be very similar

Prior accidents or claims of plaintiff= Usually Inadmissible

Question 6

Exceptions to prior accidents or claims of plaintiff as inadmissible

Answer 6

Pattern of fraudulent claims
Pre-existing condition of P
previous similar acts
To Rebut Def. of Impossibility
Comparable Sales
Habit evidence
Routine Business Practice
Industrial Custom Evidence