MS Evidence w/ NY Distinctions Flashcards
Evidence is relevant when
it has any tendency to make a material fact more/less probable than otherwise
Evidence from occurrences other than those involved in the case
Generally inadmissible
P’s accident history
Inadmissible unless the event that caused P’s injury is at issue
Exception to general rule of accident history: other accidents involving same instrumentality/condition may be admitted:
Under substantially similar circumstances: existence of a dangerous condition, causation of the accident, prior notice to D
Habit of a person is _______ of how person acted on occasion at issue in litigation
admissible as circumstantial evidence
NY distinction of habit: in addition to frequency and particularity of conduct, person must be:
in complete control of the circumstance
Evidence that person has liability insurance is inadmissible for purpose of ______________
proving fault or absence of fault
Evidence of insurance may be admissible when:
proof of ownership/control of instrumentality or location, if ownership/control is disputed by D; or for impeaching a witness
Subsequent remedial measures are generally inadmissible except
to prove ownership/control or feasibility of safer condition, if either is DISPUTED
NY: withdrawn guilty pleas can be used as admission in…
a subsequent CIVIL proceeding arising out of the same facts
NY: in strict products liability for manufacturing defect, post-accident design changes are
admissible to show prior design was defective
In DISPUTED civil claims, settlement offers and statements of fact during settlement negotiations are
inadmissible to show liability or to impeach a witness as a prior inconsistent settlement
Settlement evidence admissible for impeaching witness on grounds of:
bias
Statements of fact during settlement discussions with a government regulatory agency are ________ in later criminal case
inadmissible, unless action involves toxic products
Plea Bargaining in Criminal Cases: Offer to plead guilty is
Inadmissible in pending crim case or subsequent civil case
Plea Bargaining in Criminal Cases: Withdrawn guilty plea is
Inadmissible in pending crim case or subsequent civil case. (NY: admissible in subsequent civil case)
Plea Bargaining in Criminal Cases: Plea of “no contest”
Inadmissible
Plea Bargaining in Criminal Cases: Statement of fact
Inadmissible
Offer to pay medical expenses is
Inadmissible to prove liability, but statements made in connection are not excluded
In crim case, D’s character evidence to prove conduct on particular occasion is inadmissible during
P’s case-in-chief
If D introduces evidence of relevant character trait,
it opens the door to rebuttal by P
Types of character evidence in NY: D may use what kind of evidence?
Reputation only, not opinion
Types of character evidence MBE: reputation and opinion, not:
specific facts
If D “opens the door” with character witnesses, P may ask about specific acts of D for purpose of:
impeaching character witness’s knowledge about the D