Relevance Flashcards
What is the Relevance approach?
Always analyze weather each item of evidence is logically relevant.
1) Define: evidence is relevant if it tends to prove or disprove a fact in consequence.
2) why logically relevant?
Relevance Approach
Always analyze whether each item of evidence is logically relevant.
1) define: evidence is relevant if it tends to prove or disprove a fact or consequence.
2) why logically relevant
Definition of Relevance
To be admitted all evidence must be relevant
Evidence is relevant if it tends to prove or disprove material fact.
More or less probable
Exclusion of Relevant Evidence
Courts shall have the dicrestion to exlude evidence if PROBATIVE VALUE substantially outweighs by unfair prejudice, confusion or waste.
Exclusion of Relevant Evidence
NEVADA
Court must exclude evdience if PROBATIVE Value substantially outweighs by unfair prejudice or confusion, and
May exclude if probative value substantially outweighs by ???
Habit
Describes a person reg response to specific set of circumstances.
In Contrast to Character describes one disposition in respect to a specific trait
Exclusion Public Policy
Liability Insurance
Evidence of liability insurance is inadmissible to prove CULPABLE CONDUCT like Negligence or Defendants ability to pay judgement.
Exclusion Public Policy
Settlement, offer to settle, and Plea
Civil
Evidence of settlement, offers to settle, and related statements are inadmissible to prove liability or fault.
Exclusion Public Policy
Settlement, offer to settle, and Plea
Criminal
Pleas later withdrawn after the plea and related statements are inadmissible to prove guilt.
- This includes not just plea but also plea of nolo cuten drum
Exclusion Public Policy
Subsequent Remedial Measure
Evidence of ____ or repari after an accident are inadmissible to prove culpable conduct, or
(Fed Law): in a product liability action, defective product design.