Relevance Flashcards
Evidence is relevant if . . .
it has the tendency to make t he existence of any fact of consequence to the determination of the action more probable or less probable than it would be without the evidence.
Habit describes a person’s ___________ response to a _____________ set of circumstances.
regular; specific
When will a judge exclude relevant evidence?
where the evidence’s probative value is substantially outweighed by the danger of unfair prejudice, confusion of issues, misleading the jury, undue delay, waste of time, or needless presentation of cumulative evidence.
For what purpose can you introduce evidence of a defendant’s having liability insurance?
to prove ownership, to impeach a witness, or as part of an admission of liability.
When can you NOT introduce evidence of the defendant’s having liability insurance?
to prove negligence or ability to pay for damages.
When can a plaintiff introduce evidence of a subsequent remedial measure?
prove ownership or control, to rebut a claim that the precaution was not feasible, or to prove that the opposing party has destroyed evidence.
When can a plaintiff NOT introduce evidence of a subsequent remedial measure?
to prove negligence, culpable conduct, a defect in product or its design, or a need for a warning.
Can a plaintiff introduce evidence of a compromise or offer to compromise to prove the validity or amount of a disputed claim?
No
Can a defendant introduce evidence of a compromise or offer to compromise to disprove the validity or amount of a disputed claim?
No
When is conduct or statements made during a compromise negotiation admissible in a subsequent case?
Conduct or statements made during a compromise negotiation in a civil case against a governmental authority may be introduced at a subsequent criminal trial.
Payment or offers to pay medical expenses are _____________.
inadmissible
What kind of evidence is admissible that was gleaned from an offer to pay for medical expenses?
admissions of fact accompanying offers to pay medical expenses are admissible.
While withdrawn guilty pleas, pleas of nolo contendere, and offers to plead guilty are inadmissible, are statements made in negotiating such pleas admissible?
No.
