Relevance

Question 1

When is evidence relevant?

Answer 1

Evidence is relevant if it has any tendency to make the existence of any fact that is of consequence to the determination of the action more or less probable than it would be without the evidence.

NOTE: In contract cases, the hidden secret intent of a party it not a FACT OF CONSEQUENCE and will not be relevant. Contracts only looks at objective evidence

Question 2

Distinguish relevance from probative value

Question 3

Discretion to exclude relevant evidence

Answer 3

Even if evidence is relevant, court has discretion to exclude if probative value is substantially outweighed by unfair prejudice, confusion, or waste of time .

Question 4

Example of unfair prejudice

Answer 4

Look for emotionally disturbing evidence or evidence admissible for one purpose but in admissible for another purpose.

Must weigh the probabtive value with the unfair prejudice that it could cause

Question 5

Exclusion of relevant evidence for policy reasons.

Answer 5

1. Liability Insurance. Evidence of liability insurance is inadmissible to prove culpable conduct like negligence or defendant ’s ability to pay a judgment.
   * Example: (pg. 3)
2. ) Subsequent remedial measures or repairs. Evidence of safety measures or repairs after an accident is inadmissible to prove culpable conduct and, in a products liability action, is inadmissible to prove defective product design.

• May not be admitted to prove injury. However, the scope is limited and the same subsequent maintenance may be used to show who had responsibility to fix the thing. (pg.3)
• Note if the defendant makes a claim that “it was impossible for me to avoid the accident”, then it is admissible for the P to use evidence of subsequent repair.

3,) Settlements, offers to settle and pleas. (Encourage settlements) In a civil case , evidence of settlements, offers to settle, and related statements are inadmi ssible to prove liability or fault. In a criminal case , pleas later withdrawn, offers to plea and related statements are inadmissible to prove guilt. This include s not just pleas of guilty but also nolo.

4. ) Payment or offers to pay medical expenses. Evidence of payments or offers to pay medical expenses is inadmissible when offered to prove liability for the injuries in question. But related statements are still admissible.
   * Example: Plaintiff falls down stairs in defendant’s building. Defendant visits plaintiff in the hospital and says “I’ll pay your hospital bill. I shouldn’t have dropped that banana peel on the stairs.” Admissible?

Question 6

Is the evidence of subsequent remedial measures admissible to prove defective product design?

Answer 6

No!

Question 7

What is are the exceptions to “settlement rule” that exclude evidence which occurs during settlements?

Answer 7

1. Where there is no claim filed or threatened.

• Example: Two cars collide and one party states “It was my fault. Let’s settle.”
  
  • Is admissible

1. Where no dispute as to liability or damages.

• Example: Suit on promissory note. Defendant said “I admit I owe you the full $10,000 you are claiming, but I’ll only pay you $5,000. Take it or leave it!” Admissible?
  
  • Yes. it is. No dispute as to the amount

Question 8

Plaintiff falls down stairs in defendant’s building. Defendant visits plaintiff in the hospital and says “I’ll pay your hospital bill. I shouldn’t have dropped that banana peel on the stairs.” Admissible?

Answer 8

The statement about the bills are inadmissible. The statement about dropping the banana is admissible. (This rule differs from the settlement rule in that other language will be admissible).

Distinguish between rule regarding sett lement offers and rule regarding payment of medical expenses. Same case. Defendant says “If you will sign a release, I will pay your hospital bill. I shouldn’t have dropped that banana peel on the stairs.” Admissible? No because when you’re asking for a release this deals with the settlement discussion.

Question 9

Relevant Evidence (*Similar Occurrences)*
_When is evidence about other people or events relevant?_

1.) Similar occurrences sometimes admissible to prove causation . Plaintiff had Roadkill McNuggets at McDonalds. He got sick a nd was rushed to the hospital. He sues McDonalds. To prove that the food caused hi s illness, plaintiff te stifies that the food- poisoning patient in the next bed at the hospital was Ronald McDonald, who plaintiff saw eating McNuggets in the same restaurant at the same time . Relevant?

Answer 9

1.) Yes P and W have similarities

Question 10

_Relevant Evidence (Similar Occurrences)
When is evidence about other people or events relevant?_

1. ) Prior accidents or claims of plaintiff usually irrelevant. Plaintiff falls down stairs in defendant’s building. To show that plaintiff is clumsy and was responsible for his fall, defendant offers evidence that two ot her times in his life plaintiff fell and was hurt. Relevant?
2. ) Exceptions:

Answer 10

1. ) No not admissible because it proves nothing without some other similarities.
2. ) Exceptions:

• Pattern of fraudulent claims. Same case. Plaintiff sued after each prior fall. Each of plaintiff’s prior suits were dismissed because accident was faked. Relevant?
  
  • Yes.
• Preexisting condition. Same case. In a prior fall, plaintiff broke his keester, the same injury plaintiff claims to have suffered here. Relevant?
  
  • Yes shows a preexisting condition

Question 11

_Relevant Evidence (Similar Occurrences)
When is evidence about other people or events relevant?_

1.) Previous similar acts relevant to prove intent . Action for employment discrimination on the basis of gender. Plaintiff, who was denied a job by defendant, offers evidence that in 100 other instances, when a qualif ied female applicant applied for a job, defendant always hired a male. Relevant?

Answer 11

1.) Yes there is an unbroken chain

Question 12

_Relevant Evidence (Similar Occurrences)
When is evidence about other people or events relevant?_

1.) Evidence relevant to rebut a defense of impossibility . Plaintiff alleges he was drinking a bottle of Whoopsi Cola and noticed an eyeball in the bottle just a second too late to avoid swallowing it. Whoopsi clai ms this is impossible because there are electronic eyeball detectors th roughout its bottling plant. During a recess, plaintiff is thirsty and buys another bottle of Whoopsi Cola . Before twisting th e cap off, plaintiff notices another eye staring back at him from inside. Is this second bottle relevant?

Answer 12

1.) Yes to rebut the defense of impossibility. Any time the D alleges “its impossible for this to happen”, any other time the act happens again is admissible

Question 13

_Relevant Evidence (Similar Occurrences)
When is evidence about other people or events relevant?_

1.) Comparable sales relevant

to establish value

. Where value of property is an issue,

such as in a condemnation case or to pr

ove amount of damages where property

destroyed, evidence of sales price of similar

property in same area and sold at same

time is relevant.

2.) Habit evidence admissible. Habit of a person to act in a certain way is relevant and admissible to show the person acted in accordance with the habit on the occasion in question.

Answer 13

2

Question 14

Distinguishing Habit evidence from character evidence

1. ) What is character evidence?
2. ) What is habit evidence?
3. )Personal injury action arising out of autocollision. Plaintiff alleges defendant ran a stop sign. Defendant calls a witness who has been a passenger in defendant’s car many times. The witness testifies the defendant is acarefuldriver. Admissible?
4. ) Same case. Defendant’s witness has been passenger in defendant’s car many times. Witness testifies that each time defendant arrives at a stop sign, he completely stops behind the stop line. Admissible as habit evidence?

Answer 14

1. ) Character evidence says something general about a person and conveys a moral judgment.
2. ) Describes specific conduct of a person and doesn’t make moral judgments
3. .) No that is a moral judgment. When you hear someone is careful you assume they are safe.
4. ) Yes. It makes no moral judgment. It doesn’t say whether the person is good or bad.

Question 16

1. ) What type of conduct do you see occur with habits?
2. ) Witness offers to testify that she rode with defendant twice and that , on each occasion, he acted as described above. Admissible as habit evidence?

Answer 16

1. ) Frequently repeated conduct
2. ) No its not enough.

Question 17

_Relevant Evidence (Similar Occurrences)
When is evidence about other people or events relevant?_

1. ) Routine practice evidence . Routine business practice is relevant to show that conduct of the entity was in conformity with that practice on the occasion in question.
2. ) Industrial custom evidence relevant to prove standard of care in negligence case. Plaintiff is a bus passenger. While getting off a bus, plaintiff gets his foot caught in the door and is dragged to the end of the li ne. He sues, alleging the bus company was negligent for not installing a safety device that prevents the bus from moving when the door is not fully closed. Defendant offers evidence that no bus company employs such device. Relevant?

Answer 17

2.) Yes it is relevant to show the customs in the industry.