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Evidence > Relevance > Flashcards

Relevance Flashcards

1
Q

Evidence is relevant when….

A

It has any tendency to make a material fact more probable or less probable than would be the case without the evidence

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2
Q

Relevant evidence is admissible UNLESS…

A

1) specific exclusionary rule is applicable (hearsay)
2) the court makes a discretionary determination that the probative value of the evidence is SUBSTANTIALLY OUTWEIGHED by one or more of the six pragmatic considerations

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3
Q

Pragmatic reasons for exclusion

A

1) danger of unfair prejudice
2) confusion of issues
3) misleading the jury
4) undue delay
5) waste of time
6) unduly cumulative

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4
Q

When evidence contains time, event, or person not involved in the case at hand

A

INADMISSIBLE, probative value outweighed by pragmatic considerations, UNLESS exception applies

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5
Q

Plaintiff’s accident history: generally

A

INADMISSIBLE, because it shows nothing more than the fact that the P is accident prone

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6
Q

Plaintiff’s accident history: exception

A

1) P’s prior accidents admissible if the event that caused P’s injuries is in issue
2) THINK: what purpose is the evidence being offered for?

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7
Q

Similar accidents caused by same instrumentality or condition: generally

A

INADMISSIBLE, because they suggest nothing more than general character for carelessness of D

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8
Q

Similar accidents caused by same instrumentality or condition: Exception

A

If the accident occurred under substantially similar circumstances may be brought in to show:

1) existence of dangerous condition
2) causation of the accident
3) prior notice to D of dangerous condition

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9
Q

Substantially similar circumstances

A 
EXAMPLES:
1) lighting
2) road conditions
3) traffic conditions
Applies to:
1) accidents
2) experiments
3) tests
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10
Q

Intent in issue (employment discrimination, e.g.)

A

prior similar conduct may be admissible to raise an inference of a person’s intent on a later occasion

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11
Q

Comparable Sales on Issue of Value

A

1) Selling price of
2) other property
3) of similar type, location, close in time
4) is some evidence of value of property at issue

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12
Q

Habit is…

A

ADMISSIBLE, circumstantial evidence of how the person or business acted on the occasion at issue in the litigation

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13
Q

Habit definition

A

1) repetitive response
2) to a particular set of circumstance
3) has to be frequent and particular
4) words like “always” “never” “invariably” “automatically” “instinctively”

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14
Q

Business routine

A

ADMISSIBLE to prove that something generally is done or not done in the course of that business’s routine

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15
Q

Industrial Custom

A

ADMISSIBLE as evidence of standard of care

1) how others in the same trade or industry acted in the recent past
2) may show how party should have acted

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16
Q

Policy Exclusions

A

1) liability insurance
2) subsequent remedial measures
3) settlements of disputed civil claims
4) plea bargaining in criminal cases
5) offer to pay hospital or medical expenses

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17
Q

Liability insurance: generally

A

INADMISSIBLE, for the purpose of proving fault or absence of fault

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18
Q

Liability insurance: exception

A 
ADMISSIBLE to prove
1) ownership/control
2) location
IF in they are disputed
OR
3) impeachment a witness for bias
With limiting instruction
19
Q

Subsequent remedial measures: generally

A

INADMISSIBLE to show negligence, culpable conduct, product defect, or need for warning

20
Q

Subsequent remedial measures: exception

A

ADMISSIBLE for a relevant purpose besides fault like
1) ownership/control
2) feasibility of safer condition
IF either is disputed by D

21
Q

Settlements in Disputed Civil claim: generally

A

Following are INADMISSIBLE for the purpose of showing liability or impeaching a witness as a prior inconsistent statement

1) evidence of settlement
2) offer to settle
3) statements made during settlement discussions

22
Q

Settlements in Disputed Civil claim: exceptions

A

ADMISSIBLE

1) To impeach a witness on the basis of bias
2) Enron exception: statements of fact made during settlement discussion in civil litigation with a govt regulatory agency are admissible in a later criminal case (DOES NOT APPLY TO OFFERS TO SETTLE OR SETTLEMENTS)

23
Q

Offer to plead guilty

A

INADMISSIBLE in both subsequent criminal and any civil case based on the same facts

24
Q

Withdrawn guilty plea

A

INADMISSIBLE in both subsequent criminal and any civil case based on the same facts

25
Q

Nolo Contendere

A

INADMISSIBLE in any civil case based on the same facts

26
Q

Statements of Facts made during plea discussions

A

INADMISSIBLE in both subsequent criminal and any civil case based on the same facts

27
Q

Offer to pay medical or hospital expenses

A

1) INADMISSIBLE to prove liability

2) statements made in connection with an offer ADMISSIBLE

28
Q

Character Evidence: definition

A

Shows a person’s general propensity or disposition: honesty, fairness, peacefulness, violence

29
Q

Character Evidence: admissible for (civil)

A

1) essential element in the case: defamation
2) for circumstantial evidence to show conduct in conformity with character at the time of the litigated event
3) witness’ truthfulness for impeachment

30
Q

Defendant’s Character (criminal): prosecution case-in-chief

A

INADMISSIBLE

31
Q

Defendant’s Character (criminal): defense case

A

ADMISSIBLE

1) evidence of a relevant character trait to the charged crime or law abiding character in general
2) must be in the form of reputation or opinion testimony, no specific acts
3) opens the door to rebuttal

32
Q

Defendant’s Character (criminal): prosecution’s rebuttal

A

prosecution may rebutt if D opens door by

1) cross-examining D’s character witnesses with questions about specific acts that relate to character at issue
2) calling own reputation or opinion witnesses to contradict D’s witnesses

33
Q

Self-Defense Case: Victim’s character

A

1) Criminal D may introduce evidence of V’s violent character as circumstantial evidence that V was first aggressor
2) reputation or opinion evidence
3) Prosecution may rebut with V’s peaceful character AND opens the door to show D’s character of violence
OR
4) If D was aware of the v’s violent reputation or prior specific acts of violence, can be used to show D’s state of mind to show he acted reasonably

34
Q

Self-Defense Case: Victim’s character (Homicide)

A

1) If D offers ANY evidence that V was 1st aggressor, prosecution may introduce evidence of V’s peacefulness to rebut

35
Q

Rape Shield Laws

A

1) in both criminal and civil cases

2) reputation/opinion evidence of V’s sexual propensity or specific sexual acts INADMISSIBLE

36
Q

Rape Shield Laws: criminal exceptions

A

1) specific sexual behavior of V to prove that someone other than the D was the source of semen or injury to the V
2) V’s sexual activity with D if the D asserts consent as a defense
3) where exclusion would violate D’s DP rights (liberty interest at stake) “love triangle defense”

37
Q

Rape Shield Laws: civil exception

A

evidence of specific sexual behavior or sexual propensity of the V if PROBATIVE value substantially outweighs DANGER OF HARM to the victim and unfair prejudice to any party

38
Q

Character evidence (civil): INADMISSIBLE

A

to prove a person’s conduct on a particular occasion

39
Q

Character evidence (civil): essential element of claim or defense

A

ADMISSIBLE when

1) tort action involving negligent hiring
2) tort of defamation
3) child custody dispute

40
Q

D’s other crimes for non-character purposes: generally

A

D’s other crimes or specific bad acts INADMISSIBLE during prosecution’s case-in-chief IF the only purpose is to suggest he was more likely to have committed the crime b/c of criminal character

41
Q

D’s other crimes for non-character purposes: exceptions

A 
ADMISSIBLE for:
MIMIC
1) motive
2) intent
3) mistake, accident and absence thereof
4) common scheme or plan
42
Q

common scheme or plan

A

transaction seeking to do a specific goal

43
Q

modus operandi

A

1) ADMISSIBLE past crimes to show ID

2) MO must be “distinctive”

44
Q

Special rules for sexual assualt/ child molestation: D’s past behavior

A

1) prior specific sexual misconduct of D ADMISSIBLE in prosecutor’s or plaintiff’s case
2) may be for any relevant purpose including propensity for sex crimes
3) theory of high probative value (congress passed law)
4) EXCLUDE reputation or opinion evidence

Evidence (6 decks)

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