relevance

Question 1

discretionary exclusion of relevant evidence

Answer 1

probative value is substantially outweighed by the danger of unfair prejudice

Question 1

relevant evidence

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

evidence of liability insurance

Answer 2

not admissible to prove fault or a party’s ability to pay damages; admissible for anything else

Question 3

evidence of subsequent remedial measures

Answer 3

evidence of repairs or other remedial measures taken after an injury is inadmissible to prove fault, defect, or inadequate warning; admissible to rebut a defense that there was no feasible precaution

Question 4

evidence of compromises/settlement offers (civil)

Answer 4

inadmissible to prove liability or fault; doesn’t include statements made before the claim or threat of litigation was asserted

Question 5

evidence of plea bargaining (criminal)

Answer 5

pleas, offers to plea, and related statements are inadmissible to prove guilt

Question 6

evidence of payment/offers to pay medical expenses

Answer 6

inadmissible when offered to prove liability for injuries; related statements (incl. factual admissions) are admissible

Question 7

similar occurrences

Answer 7

evidence of prior similar occurrences concerning the time, event, or person in the present controversy is often inadmissible as irrelevant ora s presenting an unfair risk of prejudice

Question 8

admissible uses of similar occurrence evidence

Answer 8

1) causation
2) prior accidents demonstrating pattern of fraudulent claims or
preexisting conditions
3) intent/absence of mistake
4) rebut defense of impossibility
5) value
6) industry custom
7) business routine

Question 9

habit evidence

Answer 9

a person’s habit may be relevant and admissible to show that the person acted in conformity with that habit on a given occasion; conduct must be highly specific and frequently repeated