Relevance

Question 1

Definition

Answer 1

Evidence is relevant if it has any tendency to make a fact of consequence more or less likely

Question 2

General Rule

Answer 2

Irrelevant evidence is inadmissible; Relevant evidence is admissible unless barred by another rule or kept out under 403 discretion

Question 3

403 Balance

Answer 3

Relevant evidence can be excluded if its probative value is substantially outweighed by danger of unfair prejudice, waste of time, delay, confusion/misleading the jury, or needlessly cumulative.

Question 4

Relevant Similar Evidence: General Rule

Answer 4

If evidence involves some time/event/person other than that involved in current case, inadmissible.

Question 5

Plaintiff’s Prior False Claims/Same Bodily Injury

Answer 5

Admissible to show present claim is likely to be false/injury is attributable to the prior injury.

Question 6

Accidents/Injuries Occurring Under Substantially Similar Circumstances

Answer 6

Admissible to show existence of a dangerous condition, that that condition was the cause of the injury, and that D had notice of the condition.

Note: Absence of similar accidents can show D’s lack of knowledge of the condition.

Question 7

Habit Evidence: Definition

Answer 7

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

Question 8

Habit Evidence: Admissibility

Answer 8

Admissible to show that a person acted in accordance with that habit on the occasion at issue.

Question 9

Other Similar Acts/Events Admissible

Answer 9

Prior similar acts in order to prove motive/intent, sales of similar property to prove value, rebut a claim of impossibility, establish some issues of causation, industry custom to prove standard of care

Question 10

Liability Insurance

Answer 10

Inadmissible: to show fault
Admissible: to show ownership/control, impeach, as admission of liability

Question 11

Subsequent Remedial Measures

Answer 11

Inadmissible: to show fault, defect, or need for warning
Admissible: to show ownership/control, possibility of precautions, destruction of evidence

Question 12

Settlements/Settlement Offers

Answer 12

Threshold requirement: there must be a claim or impending claim and a dispute about liability or amount

Inadmissible: to show fault, to show amount, impeach by prior inconsistent statement/contradiction
-Note: accompanying statements also inadmissible
Admissible: all other purposes

Question 13

Plea Discussions

Answer 13

Inadmissible

Includes: plea offers, withdrawn pleas, no contest pleas, any accompanying statements

Note: Actual pleas generally admissible

Question 14

Medical Payments/Offers

Answer 14

Inadmissible: to show fault
Admissible: all other purposes
-including accompanying statements