MEE evidence

Question 1

Are opinions by lay witnesses admissible ?

Answer 1

Opinions by lay witnesses are generally inadmissible. However an exception is made if the opinion is:

(i) rationally based on the perception of the witness;
(ii) helpful to a clear understanding of the testimony or to the determination of a fact in issue; and
(iii) not based on a scientific, technical, or other specialized knowledge

Question 2

what is a lay witness ?

Answer 2

Witness is a lay witness because he has no experience, education or specialized training in the matter in which he is to testify

Question 3

is character evidence admissible in a civil case?

Answer 3

character evidence describes a person’s disposition and is generally irrelevant and inadmissible in a civil case unless character is directly in issue

Question 4

explain habit evidence

Answer 4

Habit describes a person’s regular response to a specific set of circumstances. Evidence of habit if relevant is admissible to prove conduct of the person was in conformity with that habit

Question 5

when is evidence relevant?

Answer 5

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

Question 6

when might relevant evidence be excluded?

Answer 6

Relevant evidence may be excluded by a judge if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, waste of time or misleading the jury