Relevance Flashcards
What law applies on the bar exam?
The Federal Rules of Evidence govern on the MBE.
Except for rules relating to privilege, the Federal Rules do not apply in:
(1) the court’s determination of a preliminary question of fact relating to admissibility
(2) grand jury proceedings; and
(3) other miscellaneous proceedings, including those involving sentencing, extradition, issuing an arrest or search warrant, preliminary examination in a criminal case, bail, and probation.
When is evidence relevant?
Evidence is relevant is it has any tendency to make the existence of any fact of consequence to the determination of the action more probable or less probable than it would be without the evidence.
For evidence to be relevant, it must be:
material and probative.
What is rule 403?
Court’s discretion to exclude relevant evidence.
A trial judge has broad discretion to exclude relevant evidence if its probative value is substantially outweighed by the danger of one or more of the following considerations:
- danger of unfair prejudice
- confusion of issues
- misleading the jury
- undue delay
- waste of time
- needless presentation of repetitive evidence.
Is unfair surprise a valid ground upon which to exclude relevant evidence?
No.
When is plaintiff’s accident history admissible?
Prior false claims or same bodily injury.
Evidence of prior accidents or injuries caused by the same event or condition and occurring under substantially similar circumstances is admissible to prove:
(1) the existence of a dangerous condition,
(2) that the dangerous condition was the cause of the present injury, and
(3) that the defendant had notice of the dangerous condition (if the accident occurred before the plaintiff’s accident).
Evidence of the absence of complaints is admissible to show the…
… defendants lack of knowledge of the danger.
Similar conduct previously committed by a party may be admissible to prove…
…the party’s present motive or intent in the current case.
