Relevance

Question 1

When is evidence relevant?

Answer 1

if it is probative (any tendency to make a fact more or less probable than it would be without the evidence) and material (facts of consequence in determining the outcome of the action

Question 2

when can a court exclude evidence?

Answer 2

if its probative value is SUBSTANTIALLY OUTWEIGHED by a danger of 1) unfair prejudice, confusing the issue, misleading jury, undue delay, wasting time, or needlessly presenting cumulative evidence

Question 3

subsequent remedial measures are NOT admissible to prove

Answer 3

negligence, defective product or design, or capable product

Question 4

subsequent remedial measures ARE admissible to show:

Answer 4

agency, ownership, or control of property, or for impeachment

Question 5

offers, conduct, or statements made in negotiations to settle or compromise are NOT admissible:

Answer 5

to prove a disputed claim, an amount OR for impeachment

Question 6

offers to pay medical expenses are NOT admissible

Answer 6

to prove liability for the plaintiff’s injuries, but any conduct or statements accompanying the offer to pay are admissible

Question 7

what kind of pleas are not admissible against the defendant:

Answer 7

1) withdrawn guilty pleas, 2) no contest pleas, 3) statements made while negotiating with prosecutors AND 4) statements made during plea negotiations

Question 8

when are pleas and statements in negotiations admissible?

Answer 8

if fairness dictates, or for perjury hearings

Question 9

evidence that a person was or was not insured against liability is NOT admissible:

Answer 9

to prove whether the person acted negligently or wrongfully, but can be admitted to prove witness bias or prejudice or proving agency ownership or control

Question 10

character evidence can presented in 3 forms:

Answer 10

1) reputation in the community - everyone knows he is violent 2) opinion testimony - I personally think he is violent and 3) specific instances - I saw him get into a fight last weekend

Question 11

character evidence in civil cases is NOT ADMISSIBLE for propensity purposes unless

Answer 11

1) character is an ESSENTIAL ELEMT of a claim or defense (defamation, negligent hiring, entrustment, child custody) 2) case is based on D’s sexual misconduct

Question 12

prosecution cannot introduce evidence of D’s BAD CHARACTER to prove their propensity to have committed the crime, unless D has opened the door and presents positive character evidence that is:

Answer 12

1) pertinent to the crime in charged, 2) through reputation or opinion testimony

Question 13

if D’s provides evidence of positive character evidence, prosecution can:

Answer 13

present negative character evidence related to the character train question to rebut by 1)calling its own character witness or 2) cross examine D’s character witness

Question 14

Criminal D can introduce reputation or opinion testimony of VICTIM’S character if:

Answer 14

it is RELEVANT to one of the defenses assertive;

prosecution can rebut by presenting evidence that 1) D possesses the SAME character trait, or 2) victim possesses a relevant POSITIVE character trait

if done on cross, the prosecution can introduce specific instances of conduct to rebut

Question 15

In rape cases, victim’s sexual behavior or predisposition is:

Answer 15

NOT admissible

Question 16

in civil cases involving sexual misconduct, evidence offered to prove a victim’s sexual behavior or misconduct may be admissible if:

Answer 16

its probative value SUBSTANTIALLY OUTWEIGHS the danger of harm to the victim and unfair prejudice to any party

Question 17

Specific instances of conduct are NOT admissible to show propensity but are admissible to show:

Answer 17

MIMIC

Motive or opportunity, intent, absence of mistake, identity, or common plan or preparation

Question 18

specific instances are admissible for MIMIC if:

Answer 18

1) sufficient evidence to support a jury finding the defendant committed the prior act AND 2) probative value of specific instances of conduct is NOT substantially outweighed by the danger of unfair prejudice to the jury

Question 19

when can evidence of habit be admitted?

Answer 19

to prove that on a particular occasion the person or organization acted in ACCORDANCE with the habit or routine practice - can be admitted regardless of corroboration or eyewitness - more specific than character witness (buzz words always and every time)