Relevance

Question 1

Relevance

Answer 1

1. relevance: same as FREv any tendency standard
2. but in CA: the fact of consequence must also be in dispute to be relevant
   i. federal law deals with the fact of consequence issue in balancing instead
3. Prop 8 cannot apply if the evidence is not relevant, including if it is not in dispute

Question 2

Special Relevance Rules – 5

Answer 2

1. special relevance rules: rules that exclude even relevant evidence for policy reasons

subsequent remedial measures (available for defective design in SL I’m CA), compromise offers (incl mediation in CA) , offers to pay medical expenses (incl admissions of fact in CA), expresions of sympathy(new category in CA), plea discussions (prop 8)

Question 3

subsequent remedial measures

Answer 3

i. same as FREv (subsequent remedial measures inadmissible to prove negligence)
ii. but in CA: subsequent remedial measures are admissible to prove defective design (Strict liability)
a. only applies subsequent remedial measures evidence in negligence case
b. strict liability for product design in CA
M

Question 4

Compromise offers

Answer 4

i. same as FREv: cannot use settlement agreements (offers, acceptance), or negotiations to prove value (the claim is worth $x), validity (that the claim is valid bc the other side tried to settle), or to impeach (prove testimony is false)
ii. CA adds: discussions during mediation proceedings are also inadmissible later at trial

Question 5

Offers to pay medical expenses

Answer 5

i. same as FREv

ii. CA adds: (major difference) admissions of fact made in the course of such offers to pay are also inadmissible

Question 6

Expressions of sympathy

Answer 6

i. no FREv counterpart
ii. CA rule: expressions of sympathy relating to suffering or death of an accident victim are inadmissible in civil cases
a. must be a civil case
b. only the expression of sympathy is inadmissible, not connected admissions of fault

Question 7

Plea, plea discussions and related

Answer 7

i. same as FREv
ii. CA: but Prop 8 may apply
a. the cases are not definitive
b. should apply by literal reading, but would destroy plea bargaining