Relevance Flashcards
Relevance
Any tendency making a fact of consequence more or less probable than without it.
Prejudicial Effect (403)
Probative value outweighed by prejudicial effect.
includes confusion and Waste of time.
Waste of time doesn’t apply to Oregon
Exclusion of Relevant Evidence for Policy Reasons
Subsequent Remedial Measures, Liability Insurance, Settlements, Pleas, Offers to Pay Medical Expenses
Subsequent Remedial Measures
Inadmissible to prove culpable conduct OR defective product design in products liability.
Can be used to prove ownership/control OR rebut evidence of no feasible precaution.
Liability Insurance
Inadmissible to prove capability to pay or conduct.
Settlements, Pleas
Civil: inadmissible to prove liability or fault
Criminal: inadmissible to prove guilt
Exceptions: no claim asserted, No dispute as to liability
Payment or Offers to Pay Medical Expenses
Inadmissible to prove liabilities for injuries, BUT related statements are still admissible
Similar Occurrences
Certain similarities between (previous occurrence) and the people and events at issue.
Prior Accidents or Claims
Generally irrelevant
Exception: To Demonstrate:
Preexisting Condition
Pattern of Fraudulent Claims
Previous Similar Acts to Prove Intent
Unbroken series of acts can be used to prove defendant’s intent
Evidence Relevant to Rebut Defense of Impossibility
Relevant
Comparable Sales Relevant to Establish Value
Sale of similar property at same time and same area.
Habit Evidence
Describes specific conduct and makes no moral judgment.
admissible to show person acted in accordance with the habit on the occasion.
Routine Business Practice
Conduct of entity was in conformity
Industry Standard of Care
May be used to prove standard of care for injury
