Relevance

Question 1

When do the rules of evidence NOT apply?

Answer 1

1. cts determination on a prelim. question of fact governing admissibility
2. grand jury proceedings
3. other misc. proceedings (sentencing, extradition, bail, probation)

Question 2

What is the threshold admissibility standard?

Answer 2

Relevant evidence is admissible if competent

Question 3

What constitutes “relevant” evidence?

Answer 3

evidence is relevant if it has any tendency to make the existence of any fact of consequence more or less probable that it would be w/o the evidence

Question 4

What is the general rule re: relevant evidence?

Answer 4

must relate to time, event, or person in the present litigation (exceptions)

Question 5

What are certain similar occurrences relevant?

Answer 5

when probative of a material issue & probativeness outweighs risks of confusion or unfair prejudice

Question 6

What are examples of similar occurrences deemed relevant?

Answer 6

1. causation
2. prior false claims or same bodily injury
3. similar accidents or injuries caused by same event/condition
4. absence of similar accidents
5. previous similar acts adm. to prove present motive/intent
6. rebutting claims of impossibility
7. sales of similar property (to prove value)
8. habit
9. industrial or business routine
10. industry custom as evidence of std of care

Question 7

When are similar accidents/injuries caused by same event/condition admissible?

Answer 7

to prove:

1. existence of dangerous condition
2. D had knowledge of dang. cond; and
3. dangerous condition was the cause of the present injury

Question 8

When is habit evidence admissible?

Answer 8

habit is a person’s regular response to a specific set of circumstances and may be adm. to prove that on a particular occasion, the person acted in accordance w/ the habit

contrast: character is about disposition (trait)

Question 9

What is the discretionary rule re: the exclusion of relevant evience?

Answer 9

Under rule 403, a trial judge can exclude relevant evidence if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of issues, misleading the jury, undue delay, waste of time, or needless presentation of cumulative evidence

NOTE: unfair surprise is not included

Question 10

What the types of evidence that, although relevant, are excluded on public policy grounds?

Answer 10

1. liability insurance
2. subsequent remedial measures
3. settlement offers
4. offers to pay medical expenses
5. withdrawn guilty pleas, pleas of nolo contendre, offers to plead guilty, statements made during these nego.

Question 11

When is evidence of insurance admissible?

Answer 11

1. to prove ownership or control;
2. to impeach; or
3. as part of admission of liability

Question 12

When are subsequent rem. measures admissible?

Answer 12

1. to prove ownership or control
2. rebut claim that precaution was not feasible (when in dispute);
3. prove that opposing party destroyed evidence

Question 13

When are evidence of compromises or offers to compromise NOT admissible?

Answer 13

to prove or disprove the VALIDITY or AMOUNT OF DISPUTED CLAIM or to IMPEACH a witness by prior inconsistent statements

Question 14

Are conduct/statements made during negotiations or settlements admissible?

Answer 14

No (this include direct admission of liability)

Question 15

When does the exclusionary rule re: settlement negotiations NOT apply?

Answer 15

when there is no indication that the party is going to make a claim (although does not need to file suit) and where the claim is NOT in dispute as to liability or amount

Question 16

Are admissions of fact accompanying an offer to pay med. expenses admissible?

Answer 16

Yes (compare to st. made in relation to settlement)