Relevance Flashcards

1
Q

relevance

A

tends to prove or disprove a material fact

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2
Q

habit

A

describes a person’s regular response to a specific set of circumstances

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3
Q

Evidence of a person’s _______ may be admitted to prove that on a particular occasion the person acted in accordance with the habit.

A

habit

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4
Q

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.

A

probative value is substantially outweighed

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5
Q

Evidence excluded for public policy reasons include the following:

A
  1. Liability insurance
  2. Subsequent remedial measures
  3. Settlement offers
  4. Offers to pay medical expenses
  5. Withdrawn guilty pleas
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6
Q

Liability insurance (or lack thereof) is not admissible to prove

A

negligence or ability to pay a substantial judgment.

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7
Q

Liability insurance is admissible to prove

A

ownership or control and to impeach.

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8
Q

Evidence of repairs or other precautionary measures made following an injury is not admissible to prove

A

negligence, culpable conduct, a defect in a product or its design, or a need for a warning or instruction.

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9
Q

Subsequent remedial measures may be admissible to prove

A

(i) ownership or control,
(ii) rebut a claim that the precaution was not feasible, or
(iii) prove that the opposing party has destroyed evidence.

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10
Q

Generally, character evidence is not admissible in _______ cases.

A

civil (unless character is directly in issue)

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11
Q

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:

A
Motive
Intent
Mistake (absence of)
Identity
Common plan or scheme
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12
Q

Courts take judicial notice of indisputable facts that are either

A

matters of common knowledge in the community or capable of verification by resort to easily accessible sources of unquestionable accuracy.

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