Relevance

Question 1

What makes evidence relevant?

Answer 1

Evidence is relevant if it tends to make the existence of any fact of consequence more or less probable than it would be without the evidence

Question 2

When may a court exclude logically relevant evidence?

Answer 2

When its probative value is substantially outweighed by the danger of unfair prejudice, confusion of issues, misleading the jury, undue delay, or waste of time

Question 3

Discretionary Exclusion of Relevant Evidence: Unfair Surprise

Answer 3

Unfair surprise to a party or witness is not a valid ground for excluding relevant evidence

Question 4

Discretionary Exclusion of Relevant Evidence: Exception

Answer 4

Impeachment evidence based on convictions for crimes involving false statements is not subject to discretionary exclusion

Question 5

Discretionary Exclusion of Relevant Evidence: Evidentiary hearings

Answer 5

Court may conduct a hearing on admissibility of evidence (or other preliminary questions such as witness qualification), but must do so outside the presence of a jury

Question 6

Exclusion of Relevant Evidence on Public Policy Grounds: Liability insurance

Answer 6

Evidence of liablity insurance is not admissible to prove fault or a party’s ability to pay damages

BUT it is admissible to prove anything else (e.g. ownership, motive, control, etc.)

Question 7

Exclusion of Relevant Evidence on Public Policy Grounds: Subsequent remedial measures

Answer 7

Inadmissible to prove fault, defect, or inadequate warning

Admissible to rebut a defense that there was no feasible precaution

Question 8

Exclusion of Relevant Evidence on Public Policy Grounds: Settlements/Civil

Answer 8

Inadmissible to prove liability or fault

Admissible = statements made before the claim or threat of litigation was asserted

Question 9

Exclusion of Relevant Evidence on Public Policy Grounds: Plea Bargains/Criminal

Answer 9

Pleas, offers to plea, and related statements (including factual admissions) are inadmissible to prove guilt

Question 10

Exclusion of Relevant Evidence on Public Policy Grounds: Payment of medical expenses

Answer 10

Inadmissible when offered to prove liability for injuries

Admissible = related statemetns, including factual admissions

Question 11

Relevance: Similar Occurrences (Inadmissible)

Answer 11

Evidence of prior similar occurences concerning the time, event, or person in the present controversy is often inadmissible as irrelevant or as presenting an unfair risk of prejudice

Question 12

Relevance: Similar Occurrences (Admissible)

Answer 12

To prove:

• causation
• prior accidents showing a pattern of fraudulent claims or pre-existing conditions
• intent or absence of mistake
• to rebut a defense of impossibility
• value (similar transactions can establish value)
• industry custom (to prove standard of care)
• business routine (to show that a particular event occurred)

Question 13

Relevance: Habit (Definition)

Answer 13

A person’s regular response to a specific set of circumstances

Question 14

Relevance: Habit (Admissibility)

Answer 14

A person’s habit may be relevant and admissible to shw that the person acted inconformity with that habit on a given occasion