Relevance/403 Flashcards
Standard for Rule 403
Relevant evidence can be excluded if it’s PROBATIVE VALUE is SUBSTANTIALLY OUTWEIGHED by one of the 403 factors
What are the Rule 403 factors?
Unfair prejudice, confusion of the issues, misleading the jury, undue delay, waste of time, cumulative or repetitive evidence
Are similar occurrences admissible?
No. Relevance is weak and probative value is probably substantially outweighed by 403 dangers (confusing the issues, misleading the jury, wasting time)
Is evidence that a person is litigious or accident-prone admissible?
No, not to show CARELESSNESS. But can be used to show that they’ve filed false claims in the past or previous injury to the same part of their body
When are similar accidents admissible?
When it’s the same event or occurrence or a substantially similar circumstance TO PROVE (1) existence of dangerous condition, (2) dangerous condition was the cause, (3) D had notice
When is the absence of similar accidents admissible?
To show the D’s lack of knowledge BUT NOT to show absence of negligence or lack of defect
Can you enter evidence of prior occasions a car has gone over 50 mph if D claims the car cannot go over 50 mph?
Yes, even if the prior occurrences are not similar - can be used to rebut claim of impossibility
What are the 2 characteristics of habit or routine evidence?
Frequency of conduct AND particularity of circumstances
Is habit evidence admissible?
YES, to show that a person after in accordance with that habit
How is habit different from character evidence?
Habit is more specific. Character describes someone’s general disposition or propensity with respect to general traits. CHARACTER IS INADMISSIBLE
Is industry custom admissible?
Yes, can show appropriate standard of care. But custom isn’t conclusive because an entire industry can be acting negligently.
