Relevance

Question 1

General rule of relevance

Answer 1

-Relevant IF tends to make fact more/less probable
-IF irrelevant THEN inadmissible
-IF relevant THEN admissible UNLESS 403 or other exclusion

Question 2

403 exclusions?

Answer 2

-Prejudice, substantially outweighed
-Confusion
-Misleading jury
-Undue delay
-Waste of Time
-Unnecessarily cumulative
(P CuM, UWU)

Question 3

Relevant Similar Occurrence

Answer 3

Only admissible IF
-P accident history to show something other than carelessness (existence of dangerous condition, causation, notice)
-Absence of complaints
-D’s lack of knowledge of a condition
-Intent
-Sales of property, for value
-Rebut claim of impossibility
-Causation

Question 4

Liability Insurance

Answer 4

-Inadmissible for negligence or wrongful conduct
-Admissible for ownership, control, and impeachment

Question 5

Subsequent Remedial Measures

Answer 5

-Inadmissible for negligence or wrongful conduct
-Admissible for ownership, rebutting claim of infeasability, destroyed evidence

Question 6

Settlement Offers

Answer 6

-Inadmissible to prove validity/amount of claim
-Inadmissible to impeach w/prior inconsistent statement
-Admissible for bias
-Admissible IF crim case AND civil negotiation with gov/reg authority

Question 7

Offer to Pay Medical Expenses

Answer 7

Admissible as admission of fact (I offered to pay for toof) NOT as liability (I broke da toof)

Question 8

Pleas?

Answer 8

-ONLY actual guilty pleas admissible
-Plea offers, etc. inadmissible