Relevance

Question 1

General Rule

Answer 1

Must relate to some time, event, or person in the present lawsuit

Question 2

Exception: Similar Occurrences

Answer 2

Previous similar happenings of the parties may be relevant if they’re probaitve of the material issue involved and if that PV > UP; applies to causation, prior claims, same bodily injury, similar accidents (to prove dangerous condition existed, D had knowledge, condition was cause), absence of similar accidents, intent or state of mind, habit, business routine (corporate habit), industry custom

Question 3

406 Habit

Answer 3

Habit of a person or a routing practice of an org is adm as some evidence of how the person or org acted on the date in question; must be FREQUENT and PARTICULAR and INNOCUOUS (look for “invariably” or “automatically” or “always”)

Question 4

Recurring 403 scenarios

Answer 4

Inflammatory evidence (eg, gory photos and cga, adm); offensive words / racism (partially adm, enough to show racism); flight evidence (adm if flight showed consciousness of guilt for the particular crime at issue); stipulations (adm); probability evidence (depends)