Purpose and Relevancy (Writing Template)

Question 1

Purpose

Answer 1

Are there any issues with WHY the evidence is being presented?

Question 2

CA - Proposition 8

Answer 2

Part of CA constitution and applies to CRIMINAL cases. All relevant evidence is admissible UNLESS the evidence falls within an exception. However, judge may nevertheless exclude the evidence under CEC 351. Here,

Question 3

Logical Relevance

Answer 3

Evidence is logically relevant if it tends to make the existence of a material fact more or less probable than it would without the evidence. In CA, evidence is logically relevant if it tends to prove a material fact in dispute. Here,

Question 4

Legal Relevance

Answer 4

Evidence is legally relevant so long as its probative value is not substantially outweighed by its risk of unfair prejudice, and so long as it is not otherwise excluded by public policy. Here,

Question 5

Public Policy Reasons (PPR) 5

Answer 5

Evidence that is relevant may still be excluded based on public policy reasons. Here,

Question 6

1 PPR - Subsequent Remedial Measures

Answer 6

Evidence of repairs or other precautionary measures made following an injury is not admissible unless it is to 1)prove ownership or control, 2) rebut a claim that the precaution was not feasible, or 3) prove that the opposing party has destroyed evidence. Here,

Question 7

2 PPR - Offers to Settle

Answer 7

Due to public policy considerations, evidence of settlement offers and a party’s admissions made during the course of settlement negotiations are typically excluded. Here,

Question 8

3 PPR - Offers to Pay Medical Expenses

Answer 8

Payment of or offers to pay the injured party’s medical expenses are inadmissible. However, admissions of fact accompanying offers to pay medical expenses are admissible. In CA, both statements are excluded. Here,

Question 9

4 PPR - Liability Insurance

Answer 9

Evidence that a person was or was not insured against liability is NOT admissible upon the issue of whether she acted negligently or otherwise wrongfully. Nor is it admissible to show ability to pay a substantial judgment. However, such evidence may be shown to prove ownership and control. The purpose of this rule is to encourage people to carry insurance. Here,

Question 10

5 PPR - Withdrawn Guilty Pleas

Answer 10

Withdrawn guilty pleas, pleas of nolo contendere, offers to plead guilty, nor evidence of statements made in negotiating such pleas are inadmissible in any proceeding. The evidentiary value is offset by the prejudicial effect. Here,