Relevance

Question 1

Definition of relevance

Answer 1

Must be:
1) Material (of consequence); and
2) Probative (has some tendency to make propostion more or less likeley.

Low bar, but threshold quesiton

Question 2

General Rule of Admissibility

Answer 2

Irrelevant evidence is always inadmissible.

All relevant evidence is admissible unless:
1) It’s kept out by some specific exclusioanry rule of evidence

OR
2) the court uses its RUle 403 sicreation to keep it out

Question 3

Rule 403 Discretion

Answer 3

Can be used by court to keep out relevant evidence.

Trial judge finds that the probative value is SUBSTANTIALLY OUTWEIGHED by risk of prejudice/other considerations.

Question 4

403 Considerations

Answer 4

1) Danger of unfair prejudice (danger that jury will decide on emotional basis)
2) confusion on the issues (evidence creates a side issue)
3) Misleading the jury (jury might give undue wieght to evidence)
4) undue delay
5) Waste of time
6) cumulative evidence

EXHAUSTIVE LIST

Question 5

Similiar Occurences Rule

Answer 5

If evidence involves some time, event, or person OTHER than that involved in the present case, it is INADMISSIBLE.

Rationale: 403.

But there are exceptions.

Question 6

Similiar Occurences Exceptions

Answer 6

1) Plaintiff’s accident history
2) Similiar Accidents or INjuries caused by same event or condition
3) Previous Similiar Acts admissible to prove intent
4) Sales of similiar property (to prove value) (but not offers)
5) Rebutting claim of impossibility
6) Causation (for complicated issues)
7) Habit and business routine evidence
8) Industry custom as evidence of standard of care

Question 7

Plaintiff’s Accident History

Answer 7

Similiar occurences exception.

Can ONLY be used to show something other than carlessness:
1) Prior false claims to prove present claim is false
2) Prior accidents involving same body part when causation at issue
—show injury was not excluivleyh caused/caused

Question 8

Simliar Accidents or Injuries caused by same event or conditions

Answer 8

Simliar occurences exception

If they occur under substantially similiar circumstances, is admissible to prove:
1) existence of dangerous condition
2) Causation
3) notice to defendant

Question 9

Evidence of absence of similiar accidents

Answer 9

Generally, courts are reluctant to admit. But evidence of the absence of coomplaints is admissbe to show the D’S LACK OF KNOWLEDGE of the danger.

Question 10

Habit and Business Routine Evidence

Answer 10

Similiar Occurences evidence.

Admissible as circumstantial evidence that person/org acted in accordance with habit on occassion

But DISTINGUISH from CHARACTER EVIDENCE (general disposition/propesntiy). Generally not admissible.

Question 11

What are Habits?

Answer 11

HABIT: regular response to specific set of circumstances.

Defining characteristics:
1) Frequency of conduct AND
2) particularilty of circumstanes