Relevance Flashcards
Relevance
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
CA: the fact must also be IN DISPUTE to be relevant
Court Discretion
Even if relevant, court has discretion to exclude if the probative value of the evidence is substantially outweighed by unfair prejudice, confusion, or waste of time
Liability Insurance
Evidence of liability insurance is inadmissible to prove culpable conduct like negligence or defendant’s ability to pay a judgment
Subsequent Remedial Measures
Inadmissible to prove culpable conduct and, in products liability action, inadmissible to prove defective product design Admissible to rebut defense of no feasible repair though
CA: only inadmissible to prove negligence. Allows defective design in products liability
Settlement Offers or Negotations
CIVIL CASE: evidence of settlements, offers to settle, and related statements are inadmissible to prove liability or fault
CRIMINAL CASE: pleas later withdrawn, offers to plea, and related statements are inadmissible to prove guilt NOTE: if no claim filed or threatened, this does not apply NOTE: exception when there is no dispute as to liability or damages
CA: discussions during mediation proceedings are also inadmissible
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. Related statements remain admissible however.
CA: also makes inadmissible admissions of fact made in the course of making such payments or offers. Fed only excludes such statements if it is part of the settlement offer
Similar Occurrences
Generally, evidence irrelevant if about people & events not at issue in the case. However, may be relevant when there are certain similarities between the evidence and the people & events at issue.
Habit Evidence
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 occassion in question Diff from character: Habit describes specific conduct and makes no moral judgment about the person. Frequently repeated conduct.
Business Routine
evidence that a particular business had an established business routine is relevant as tending to show that a particular event occurred
Industrial custom
Industry custom may be offered to show adherence to or deviance form an industry wide standard of care. NOT CONCLUSIVE however. (an entire industry could be acting negligently)
“Truth in Evidence” Amendment (Prop 8)
All relevant evidence is admissible in a CRIMINAL case, even if objectionable under CEC
Exceptions:
(1) exclusionary rules such as Confrontation clause, (2) hearsay law, (3) privilege law, (4) limits on character evidence to prove D’s conduct, (5) limits onc haracter evidence to prove V’s conduct, (6) secondary evidence rule, and (7) CEC 352 (unfair prejudice substantially outweighs probative value)
Expressions of Sympathy
CA ONLY: makes inadmissible in CIVL actions expressions of sympathy relating to suffering or death of an accident victim. BUT, statements of FAULT made in connection withs uch an expression are NOT excluded.
FED HAS NO SUCH RULE. WOULD BE ADMISSIBLE.
