Relevance

Question 1

Relevance

Answer 1

Evidence is relevant if it is:
1. probative and
2. Fact is of consequence

Question 2

probative

Answer 2

tends to prove or disprove a fact

Question 3

fact is of consequence

Answer 3

fact pertains to the dispute

does NOT have to be material fact to dispute

Question 4

irrelevant evidence

Answer 4

NOT admissible

Question 5

FRE 403 balancing test

Answer 5

evidence is inadmissible if probative value is substantially outweighed by the danger of:
* unfair prejudice
* confusion of issues
* misleading the jury
* undue delay
* waste of time

court can have hearing outside of jury’s presence

Question 6

subsequent remedial measures

Answer 6

measures to reduce likelihood of earlier injury or harm NOT admissible to prove:
1. negligence
2. cuplable conduct
3. defect
4. inadequate warning

BUT allowed to prove impeachment or if disputed
1. ownership
2. control
3. feasability of precautionary measures

Question 7

settlements, offers to settle, & plea bargaining

Answer 7

**Civil: **NOT admissible to prove liability, fault, or amount of claim
**Criminal: **NOT admissible to prove guilt

Question 8

payments or offers to pay medical expenses

Answer 8

NOT admissible to prove liability

Related statements are admissible

offers to pay medical expenses in exchange for a liability release are inadmissible (considered settlement offer)

Question 9

liability insurance

Answer 9

NOT admissible to prove fault or ability to pay damages

But can be used to prove:
1. ownership
2. control
3. motive

Question 10

similar occurences

Answer 10

NOT admisible unless proving
1. causation
2. **prior accidents **demonstrating pattern of fraudeloent claims or pre-existing conditions
3. intent
4. absence of mistake
4. rebut impossibility defense
5. value (similar transactions to establish value)
6. industry custom (prove standard of care)
7. business routine (show particular event occurred)