Relevance

Question 1

What is the language for assessing what is 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 an action more or less probable than it would be without the evidence.

Question 2

Is all relevant evidence admissible?

Answer 2

Yes, unless some specific exclusionary rule is applicable OR the court makes a discretionary determination the the probative value of the evidence is substantially outweighed by one or more considerations.
All relevant evidence is admissible if it is offered in an unobjectionable form or manner (with exceptions)

Question 3

What are the considerations a court looks at to determine the admissibility of relevant evidence? What consideration is different in KS and not a valid ground in the Federal Rules?

Answer 3

Danger of unfair prejudice, confusion of issues, misleading the jury, undue delay, waste of time, unduly cumulative. This is a case-by-case determination.

In KS, the court may exclude relevant evidence when its probative value is substantially outweighed by the danger of unfair or harmful surprise. This is not the case in Fed’l Ct.

Question 4

In general, if evidence concerns _____, the evidence is inadmissible.

Answer 4

Some time, event, or person other than that involved in the case at hand.

Question 5

So, the general rule for relevancy is that it must concern what?

Answer 5

Relevant evidence must relate to the time, event, or person in controversy.

Question 6

What is an exception to relevance?

Answer 6

Certain similar occurrences are relevant if they are probative of the material issue involved and if the probative value outweighs the risk that the evidence will confuse or result in unfair prejudice

Question 7

What similar occurrences are relevant?

Answer 7

Causation, prior false claims or same bodily injury, similar accidents or injuries caused by same event or condition, previous similar acts admissible to prove intent, rebutting a claim of impossibility, sales of similar property, habit, industrial or business routine, industrial custom as evidence of standard of care, and land appraisal (KS).

Question 8

Causation - what is relevant?

Answer 8

Complicated issues of causation may often be established by evidence that concerns other times, events or persons.

Question 9

Example of when causation is relevant?

Answer 9

If other homes in the same area were damaged by ∆’s blasting operations, that may be some evidence that the damage to plaintiff’s home was caused by the ∆’s activities.

Question 10

Evidence that a person previously filed similar tort claims or has been involved in prior accidents is ____.

Answer 10

generally inadmissible to show the invalidity of the present claim. Prejudice outweighs probative value.

Question 11

Evidence that a π’s previously filed false claims is ____.

Answer 11

usually relevant, under a common scheme or plan theory, to prove that the present claim is likely to be false.

Question 12

Evidence of a π’s prior claim or injury may be relevant if ____ to prove ____.

Answer 12

the prior claim was for an injury to the same portion of plaintiff’s body; It may be relevant to prove that the present claim is false or exaggerated.

Question 13

When similar accidents or injuries were caused by the same event or condition, is evidence of those prior accidents or injuries inadmissible or admissible?

Answer 13

Admissible IF under substantially similar circumstances.

Question 14

Similar accidents or injuries caused by the same event or condition are admissible to prove what?

Answer 14

Show just one:
That a defect or dangerous condition existed,
That the defendant had knowledge of the defect or dangerous condition; and
That the defect or dangerous condition was the cause of the present injury.

Question 15

What is an absence of similar accidents admissible to prove?

Answer 15

Evidence of prior safety history and absence of complaints is admissible to show defendant’s lack of knowledge of any danger.

Question 16

Substantial similarity rule also covers what?

Answer 16

Experiments and tests. They must be conducted under circumstances substantially similar to the matter at issue.

Question 17

When intent is at issue, what is admissible?

Answer 17

Prior similar conduct of a person may be admissible to raise an inference of the person’s intent on a later occasion. Ex. Gender discrimination.

Question 18

When property value is at issue, what is admissible to show the value of the property?

Answer 18

Selling price of other property of similar type, in same general location, and close in time to period at issue, is some evidence of value of property at issue.

Question 19

Habit of a person is admissible for what purpose?

Answer 19

as circumstantial evidence of how the person or business acted on the occasion at issue in the litigation.

Question 20

What is the difference between habit and character evidence?

Answer 20

Character evidence refers to a person’s GENERAL DISPOSITION OR PROPENSITY. Character is usually NOTE admissible to prove conduct on a particular occasion. Habit is different.

Question 21

What is habit?

Answer 21

Habit is a repetitive response to a particular set of circumstances.

Question 22

What are the two defining characteristics of habit?

Answer 22

Frequency of the conduct AND particularity of the conduct.

Question 23

Key words for spotting habitual conduct?

Answer 23

Always, never, invariably, automatically, instinctively. These point more toward habit.

Question 24

Industrial custom as standard of care is what?

Answer 24

Evidence as to how others in the same trade or industry have acted in the recent past may be admitted as some evidence as to how a party in the instant litigation should have acted.

Question 25

What may be admitted to rebut a claim of impossibility?

Answer 25

The requirement that prior occurrences be similar to the litigated act may be relaxed when used to rebut a claim of impossibility. (Ex. ∆ says car can’t go above 50, a previous occurrence that the car went more than 50 is admissible).

Question 26

When are evidence of sales of similar personal or real property admissible?

Answer 26

When they are not too remote in time, they are admissible to prove value. But not prices quoted in mere offers to purchase are not admissible. But evidence of unaccepted offers by party are admissible.

Question 27

Public-Policy Based Exclusions

Answer 27

Liability insurance, subsequent remedial measures, settlement offers and withdraw guilty pleas, and offers to pay medical expenses.

Question 28

What is liability insurance NOT admissible to show?

Answer 28

Not admissible to show negligence or ability to pay a substantial judgment.

Question 29

What is liability insurance ADMISSIBLE to show?

Answer 29

It is admissible to prove ownership or control, to impeach, or as part of an admission of liability.

Question 30

What are subsequent remedial measures NOT admissible to show?

Answer 30

Evidence of repairs or other precautionary measures made following an injury is not admissible to prove negligence, culpable conduct, a defect in a product or its design, or a need for a warning or instruction.

Question 31

What are subsequent remedial measures ADMISSIBLE to show?

Answer 31

To prove ownership or control, to rebut a claim that precautions were impossible or to prove destruction of evidence

Question 32

What are settlement offers or negotiations INADMISSIBLE to prove in Fed’l Ct? KS Ct?

Answer 32

Inadmissible to prove or disprove the validity or amount of a disputed claim. Not even direct admissions of liability during compromise negotiations are admissible.

In Kansas, however, only the offer to compromise is excluded. Express admissions of liability and statements of fact made during negotiations will be admissible.

Question 33

What are settlement offers or negotiations ADMISSIBLE to prove?

Answer 33

For all other purposes besides those inadmissible. Usually statements of fact for impeaching for bias. Also, statements of fact made during settlement discussions in civil litigation with a government regulatory agency are admissible in later criminal cases.

Question 34

When does the exclusionary rule for settlement offers/negotiations apply?

Answer 34

There must be some indication that a party is going to make a claim (filing of suit not required). The claim must be in dispute as to liability or amount.

Question 35

In KS: when there are multiple defendants, what are the rules for the admissibility of settlement agreements involving fewer than ALL defendants?

Answer 35

The court and other parties must be advised of the terms of the agreement.

Question 36

In KS: What if there are multiple defendants, a settlement agreement, and a jury trial?

Answer 36

If the settlement defendant remains in the case to prosecute a cross-claim, the court must, upon motion, disclose the existence and content of the agreement to the jury.

Question 37

In KS: Can a court limit the disclosure of a settlement agreement in a jury trial with multiple defendants?

Answer 37

Yes. Disclosure is NOT required if the court finds that disclosure will create substantial danger of unfair prejudice, confusing the issues, or misleading the jury.

Question 38

In KS: HOW can a court limit the disclosure of a settlement agreement in a jury trial with multiple defendants?

Answer 38

The disclosure must be limited to those facts necessary to apprise the jury of the essential nature of the agreement and the possibility that the agreement may bias the testimony of the parties who entered into the agreement.

The amount of the settlement or any specific contingencies are NOT to be disclosed.

Question 39

When are withdrawn guilty pleas INADMISSIBLE in Fed’l Ct?

Answer 39

Withdrawn guilty pleas, pleas of nolo contendre, and offers to plead guilty are inadmissible for nearly all purposes.

Question 40

When are withdrawn guilty pleas ADMISSIBLE in Fed’l Ct?

Answer 40

They are not admissible.

Question 41

In KS: When are withdrawn guilty pleas inadmissible or admissible?

Answer 41

Kansas does NOT follow the Fed’l Rules and will admit evidence of a guilty plea that is later withdrawn.

Question 42

What are offers to pay medical expenses ADMISSIBLE to prove?

Answer 42

Admissions of fact accompanying offers to pay medical expenses are admissible UNLESS offered to prove culpable conduct.

Question 43

What are offers to pay medical expenses INADMISSIBLE to prove?

Answer 43

To prove culpable conduct.

Question 44

KS Cts exclude offers to pay medical expenses and what else?

Answer 44

KS excludes any payment or offer made from humanitarian motives, not just those relating to medical expenses.

Question 45

KS: Dispute Resolution statements admissible or inadmissible?

Answer 45

Inadmissible. However, doesn’t apply to regular, discoverable items if dispute resolution turns to litigation. ‘

Question 46

In KS: evidence to impeach verdict is INADMISSIBLE…

Answer 46

When a party attempts to impeach a jury’s verdict or indictment, the court may not admit evidence: (1) to show the effect of any statement, conduct, event, or condition upon the mind of a juror as influencing her to assent or to dissent from the verdict or indictment; or (2) concerning the mental processes by which the verdict or indictment was determined.

Question 47

In KS: what evidence is ADMISSIBLE to impeach verdict?

Answer 47

Evidence regarding a juror’s intentional misconduct or failure to obey the court’s instructions.