Relevance

Question 1

Standard of Relevance

Answer 1

Evidence is relevant if it has any tendency to make the existence of any fact more or less probable.

Question 2

Two elements for a piece of evidence to be relevant

Answer 2

The evidence must be relevant & probative

Question 3

Rule 403-Discretion

Answer 3

Trial judge has discretion to exclude relevant evidence if the evidence’s probative value is substantially outweighed by the danger of 1. unfair prejudice 2. confusion of the issues 3. Misleading the jury 4. undue delay 5. waste of time 6. needless presentation of time

Question 4

Rule 403-What are the six reasons evidence may substantially outweigh?

Answer 4

1. unfair prejudice 2. confusion of the issues 3. Misleading the jury 4. undue delay 5. waste of time 6. needless presentation of time

Question 5

Bar tip: When asked an evidence question what is the one thing to always ask?

Answer 5

For what purpose is the evidence being offered?

Question 6

Similar Occurrence evidence rule

Answer 6

If evidence involves some time, event, or person other than that involved in the present case, it is inadmissible. Exceptions exist

Question 7

There are exceptions to Similar occurrence bar rule: Plaintiff’s Accident History proves what and is admissible why

Answer 7

Proves that plaintiff may be injured from previous injury

Question 8

There are exceptions to Similar occurrence bar rule: Other accidents involving the defendant

Answer 8

Proves the existence of a dangerous condition; dangerous condition was present at injury; that Defendant had notice

Question 9

There are exceptions to Similar occurrence bar rule: absence of similar accidents

Answer 9

Proves defendants lack of knowledge

Question 10

There are exceptions to Similar occurrence bar rule: Previous similar acts admissible to prove intent

Answer 10

Proves present motive

Question 11

There are exceptions to Similar occurrence bar rule: Sales of similar acts admissible to prove intent

Answer 11

Admissible to prove the property’s value.

Question 12

There are exceptions to Similar occurrence bar rule: rebutting a claim of impossibility

Answer 12

The requirement that prior occurrences be similar may be relaxed when used to rebut a claim of impossibility.

Question 13

There are exceptions to Similar occurrence bar rule: Causation

Answer 13

You can prove cause. Like, damage to nearby homes caused by D’s blasting damaged P’s home.

Question 14

There are exceptions to Similar occurrence bar rule: Habit and business routine evidence

Answer 14

Evidence of habit is CIRCUMSTANTIAL EVIDENCE admissible.

Question 15

Liability Insurance rule evidence

Answer 15

Existence of LI is not admissible to show whether the party acted negligently.

Question 16

Liability insurance rule exception

Answer 16

Admissible to prove ownership; impeachment; admission of liability (don’t worry my insurance will pay for it)