Overview

Question 1

What is the law of evidence?

Answer 1

1) A system of rules
2) and standards
3) that regulate the admission of proof
4) in a court proceeding

Question 2

What does it mean to “filter evidence”?

Answer 2

1) Facts of the case
2) are put through applicable rules
3) decided to be admissible or inadmissible

Question 3

Where are FRE applicable?

Answer 3

Generally, all civil and criminal federal proceedings.

Question 4

What is the exception to the Federal Rules not applying in certain contexts?

Answer 4

Privilege.

Question 5

Where do the federal Rules of evidence not apply?

Answer 5

1) Courts determination of preliminary question of fact relating to admissibility
2) grand jury proceedings
3) Proceedings like sentencing/Extradition/warrants

Question 6

When is evidence relevant?

Answer 6

If it has any tendency
2) to make the existence of any fact
3) of CONSEQUENCE to the determination
4) more or less probable than it would be w/o the evidence

Question 7

What are the two thresh holds to establish a piece of evidence’s relevance?

Answer 7

The evidence is
1) Material
2) Probative

Question 8

Does a proposition of CONSEQUENCE have to be the ultimate issue in the case to be admitted?

Answer 8

No.

Question 9

What does material mean?

Answer 9

Proposition must be of CONSEQUENCE

Question 10

What does it mean to be probative?

Answer 10

Evidence has ANY tendency to make proposition more or less likely

Question 11

What is irrelevant evidence considered?

Answer 11

Inadmissible.

Question 12

When is relevant evidence inadmissible>

Answer 12

1) Runs afoul of specific exclusionary rule
2) Court uses rule 403 discretion

Question 13

who has Rule 403 discretion?

Answer 13

Trial judge

Question 14

What type of discretion does TJ have in 403 Analysis?

Answer 14

Broad.

Question 15

What is Rule 403 Analysis?

Answer 15

Relevant Evidence will be excluded if:
1) Probative value is
2) substantially outweighed

Question 16

What types of considerations must a trial judge balance in 403 analysis?

Answer 16

1) Danger of unfair prejudice (jury will decide on emotional basis)
2) Confusion of the issues
3) Misleading the jury
4) Undue Delay
5) Waste of time
6) Needless presentation of cumulative evidence

Question 17

What does danger of unfair prejudice mean?

Answer 17

Jury will decide case on emotional basis

Question 18

What does confusion of the issues mean?

Answer 18

Evidence creates a side issue.

Question 19

What does misleading the jury mean?

Answer 19

There is danger jury will give in proportionate weight to evidence/

Question 20

What does cumulative evidence mean?

Answer 20

Repetitive

Question 21

What is not a valid reason to exclude relevant evidence?

Answer 21

Unfair surprise.

Question 22

What is the general rule about evidence inadmissibility?

Answer 22

If evidence involves some time, event, person
OTHER than who is involved in present case
It is inadmissible.

Question 23

Generally, is evidence that person has previously filed similar claims/prior accidents admissible? Why or why not?

Answer 23

No, just shows person is litigious,accident prone.

Question 24

Specifically. When is evidence that person has previously filed similar claims/prior accidents admissible?

Answer 24

1) Plaintiff has made PREVIOUS SIMILAR FALSE CLAIMS
2) Evidence of prior accidents that show plaintiff’s injury to SAME PART OF THEIR BODY

Question 25

What is the rationale for allowing specific exceptions for PSFC of SBI?

Answer 25

1) PSFC– Relevant to prove present claim is likely false
2) SPOTB – Admittable to show P’s condition is attributable (in whole or part) to prior injury not current accident

Question 26

What must you ask yourself when faced with an evidence question?

Answer 26

What purpose is this evidence being offered for?

Question 27

Are are other accidents generally admissible against DEFENDANT?

Answer 27

No, they just prove D general character careless.

Question 28

Are other Accients against DEFENDANT ever admittable for specific reason? IF so, When and what can they

Answer 28

YES.
1) When evidence of prior accidents/injuries caused by same event/condition
1. a AND OCCUR UNDER SUBTANTIALLY SIMILAR CIRCUMSTANCES

Question 29

If other Accidents against DEFENDANT are ever admit-table for specific reason, when are they admissible?

Answer 29

When offered to prove
1) EXISTENCE of a dangerous condition
2) Dangerous condition was CAUSE of present injury
3) D had NOTICE of dangerous conditions

Question 30

What is evidence of absence of similar accidents admissible for?

Answer 30

Defendant’s lack of knowledge as to the danger.

Question 31

What is evidence of absence of similar accidents inadmissible for?

Answer 31

To show absence of negligence or lack of defect.

Question 32

What is previously similar acts admissible for?

Answer 32

Motive or Intent.

Question 33

What is evidence of sales of similar property admissible for? What is the time frame?

Answer 33

Admissible to prove property’s value. Must be same time period.

Question 34

Are prices quoted in offers to purchase admissible?

Answer 34

No.

Question 35

What is a required attribute of prior claims to be admitted?

Answer 35

Similarity.

Question 36

When can this required attribute of prior claims to be admitted?

Answer 36

To rebut a claim of impossibility (claim car can’t go over 50 – can admit evidence of occasions when car went over 50).

Question 37

When can evidence of other times events or person be admitted? Example?

Answer 37

To establish complicated issues of Causation. (Damage to near by homes by P’s blasting is relevant to show D was blasting near P’s home.)

Question 38

When is evidence of a person’s habit or a business’s routine practice admissible?

Answer 38

1) As circumstantial evidence
2) that the person/business
3) acted in accordance with the habit
4)on the date at issue in the case.

Question 39

What does habit describe in evidence terms?

Answer 39

1) A person’s
2) Regular response
3) to a specific set of circumstances

Question 40

What are the defining characteristics of habit?

Answer 40

1) Frequency of conduct
2) Particularity of circumstances

Question 41

What is the difference between character evidence and Habit?

Answer 41

Character – Describes someone’s general disposition or
2) propensity because of general traits

Habit– Specific date

Question 42

Is Character evidence admissible?

Answer 42

Generally not to prove how a person acted during the events of the case

Question 43

What are words that may indicate habit on MBE?

Answer 43

1) Always
2) Invariably
3) Instinctively
4) Automatically

Question 44

What is industry custom in evidence terms?

Answer 44

How others in the same trade or industry have acted in the recent past

Question 45

What can industry custom be offered to show? Is it conclusive?

Answer 45

The appropriate standard of care. No, whole industry may be negligent.

Question 46

Is this character or habit evidence:

Sally is always impaction and in a hurry

Answer 46

Character

Question 47

Is this character or habit evidence:

Bart is a drunk

Answer 47

Character

Question 48

Is this character or habit evidence:

Jeff is a careless driver

Answer 48

Character

Question 49

Is this character or habit evidence:

Lara is very conscientious about the maintenance of her car

Answer 49

Character

Question 50

Is this character or habit evidence:

Sally always takes the stairs two at a time

Answer 50

Habit

Question 51

Is this character or habit evidence:

Bart stops at charlie’s tavern every night after work and has exactly four beers.

Answer 51

Habit

Question 52

Is this character or habit evidence:

Jeff never slows down for the yield sign at the end of the street.

Answer 52

Habit

Question 53

Is this character or habit evidence:

Lara checks the brakes on her car every Sunday before church

Answer 53

Habit