Relevance Flashcards
relevance
tends to prove or disprove a material fact
habit
describes a person’s regular response to a specific set of circumstances
Evidence of a person’s _______ may be admitted to prove that on a particular occasion the person acted in accordance with the habit.
habit
A trial judge has broad discretion to exclude relevant evidence if its ________________ by the danger of unfair prejudice, confusion of issues, misleading the jury, undue delay, waste of time, or needless presentation of cumulative evidence.
probative value is substantially outweighed
Evidence excluded for public policy reasons include the following:
- Liability insurance
- Subsequent remedial measures
- Settlement offers
- Offers to pay medical expenses
- Withdrawn guilty pleas
Liability insurance (or lack thereof) is not admissible to prove
negligence or ability to pay a substantial judgment.
Liability insurance is admissible to prove
ownership or control and to impeach.
Evidence of repairs or other precautionary measures made following an injury is not admissible to prove
negligence, culpable conduct, a defect in a product or its design, or a need for a warning or instruction.
Subsequent remedial measures may be admissible to prove
(i) ownership or control,
(ii) rebut a claim that the precaution was not feasible, or
(iii) prove that the opposing party has destroyed evidence.
Generally, character evidence is not admissible in _______ cases.
civil (unless character is directly in issue)
Evidence of other crimes or misconduct is admissible if these acts are relevant to some issue other than the defendant’s character or disposition. These issues include:
Motive Intent Mistake (absence of) Identity Common plan or scheme
Courts take judicial notice of indisputable facts that are either
matters of common knowledge in the community or capable of verification by resort to easily accessible sources of unquestionable accuracy.