Relevance Flashcards
What is the difference between direct and circumstantial evidence?
Direct evidence is testimony or real evidence that speaks directly to a material issue in the case.
Circumstantial evidence is indirect and relies on inference. It is evidence of a subsidiary or collateral fact from which the existence of the material issue can be inferred.
When does the FRE not apply? (3 situations)
1) Preliminary determinations of fact governing admissibility
2) Grand jury proceedings
3) Proceedings involving sentencing, extradition, bail, and probation.
Basic definition of relevance?
Any tendency to make the existence of a material fact more or less probable than it would be without the evidence.
Generally, evidence must relate to the time, event, or person involved in the _________ litigation.
Present.
When can previous similar occurrences be relevant? (brief principle)
When previous similar occurrences are probative of a material issue and that probativeness outweighs the risk of confusion or unfair prejudice
What are examples of when previous similar occurrences may be admissible? (6 examples)
1) Causation issues (to show that something is capable of causing or inducing a particular result)
2) To prove intent
3) To rebut impossibility
4) To prove value of property
5) To prove standard of care (industry custom)
6) To prove habit
Difference between habit and character evidence?
Habit describes a person’s regular response to a specific set of circumstances. Character evidence describes a person’s general propensity or tendency to do something.
What is rule 403? What is never included?
Relevant evidence may be excluded 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 cumulative evidence.
Unfair surprise is NOT a valid ground upon which to exclude evidence.
What types of evidence are commonly excluded for public policy reasons? (list 5)
1) Liability Insurance
2) Subsequent Remedial Measures
3) Settlement Offers
4) Offers to Pay Medical Expenses
5) Withdrawn Guilty Pleas
When is liability insurance inadmissible and when is it admissible?
Inadmissible: to show negligence or ability to pay
Admissible: to prove ownership, to impeach, as part of an admission of liability
When is evidence of subsequent remedial measures inadmissible and when is it admissible?
Inadmissible: to show evidence of defect, to show negligence, to show culpable conduct, to show a need for a warning
Admissible: to prove ownership, to rebut a claim that improvements/repairs were not feasible
When is evidence of settlement offers inadmissible and when is it admissible?
Settlement offers and associated claims are generally inadmissible, even to impeach, if there is 1) a dispute about liability or amount the time statement was made and 2) indication of possibility of litigation
When is evidence of an offer to pay medical expenses inadmissible and when is it admissible?
Generally, offers to pay medical expenses are inadmissible. However, admissions of fact and associated claims are admissible, especially statements of liability.
When are withdrawn guilty pleas admissible?
Withdrawn guilty pleas, offers to plead guilty, and associated statements are generally inadmissible.
