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Question 1

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403 Balancing Test

Answer 1

If PV substantially outweighs risk → admissible

Risks:

Unfair prejudice

Confusing the issue

Misleading the jury

Undue delay;

Wasting time; or

Needlessly presenting cumulative evidence

Mitigating Measures:

• Limiting instructions to jury
• Stipulations

Question 2

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Demonstrative Evidence

Answer 2

Only as good as:

(1) Underlying testimony
(2) Data assumptions
(3) Opinions on which it is based

Question 3

Evidence of Flight

Answer 3

Is evidence of consciousness of guilt by conduct.

The court must determine that the person was

(1) Actually fleeing;
(2) Because actually guilty;
(3) Guilty specifically due to this crime; and
(4) Guilty because they did this crime.

NOTE: Consider how proximate (time & space) the flight was from the crime.

Question 4

Probability Evidence

Answer 4

(1) Based on sufficient evidence
(2) That demonstrates validity; and
(3) Does not distort jury’s role as decider.

NOTE: Don’t use mathematical for criminal

Question 5

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Subsequent Remedial Measures

Answer 5

Prohibited Uses

(1) Negligence
(2) Culpable Conduct
(3) Product Defect
(4) Need for Warning

Allowed Uses

(1) Impeachment
(2) Disputed Ownership
(3) Disputed Control
(4) Disputed Feasibility/Precautionary Measures
(5) Etc.

NOTE: Consider whether preventative measures were possible.

Question 6

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Compromise Offers and Negotiations

Answer 6

Prohibited Uses

(1) Validity of disputed claim
(2) Amount of disputed claim
(3) Impeach prior inconsistent statement
(4) Impeach contradiction

Allowed Uses

(1) Prove bias/prejudice
(2) Prove no undue delay
(3) Prove obstructing investigation/trial
(4) Etc.

Question 7

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Payment of Medical Expenses

Answer 7

Prohibited to prove liability.

Question 8

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Liability Insurance

Answer 8

Prohibited Uses

(1) Negligence
(2) Wrongful Action

Allowed Uses

(1) Witness Bias/Prejudice
(2) Agency/Ownership/Control
(3) Etc.

Question 9

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Pleas in Criminal Cases

Answer 9

Prohibited Uses

(1) Later withdrawn
(2) Nolo contendere
(3) During plea proceeding

Allowed Uses

(1) Provide context
(2) Prove perjury/false statement
(a) in criminal case
(b) on the record
(c) with counsel present
(3) Complete Immunity Deals