Relevance Flashcards
When is evidence relevant?
When it has any tendency to make the existence of any fact of consequence to the determination of the action more probable or less probable (usually related to the time, event, or person involved in the litigation)
When is relevant evidence admissible?
All relevant evidence is admissible unless it inadmissible as a result of a specific exclusionary rule or, under 403, the probative value is substantially outweighed by the risk of confusion, unfair prejudice, misleading the jury,
**A common fake pragmatic consideration appearing on the bar: “unfair surprise”
In which instances is evidence of previous similar occurrences relevant?
Though, as a general rule, the evidence must be related to the event in question, not a different one — there are times when evidence of previous similar occurrences are relevant:
(1) Plaintiff’s accident history if the cause of plaintiff’s damages are in issue (but not just to show they were accident prone)
(2) Similar accidents caused by the same event or condition [corollary: absence of similar accidents unlikely to be admitted to show lack of negligence/defect but maybe to show defendant was unaware]
(3) Similar conduct by a party to show present motive or intent
(4) To address complicated issues of causation
(5) Comparable property sales to prove value
(6) To rebut a claim of impossibility
(7) Prior false claims of bodily injury, if similar, to show either likelihood of falsity or disprove damages.
(8) As evidence of habit– a person’s regular response to a particular set of circumstances
(9) To show industrial/business routine or to use that custom as a standard of care.
When may evidence of prior accidents involving the defendant be admissible?
Generally inadmissible unless involving the same instrumentality or condition and occurring under substantially similar circumstances. If this is true, it may be intro-ed to show the existence of a dangerous condition, causation, or prior notice to the defendant
What are the public policy exclusions of otherwise relevant evidence?
(1) Liability insurance to prove either fault or absence of fault
(2) Subsequent remedial measures
(3) settlement offers or negotiations
(4) withdrawn guilty pleas or offers to plead guilty
(5) offers to pay or payment of medical expenses
When is evidence of liability insurance or lack thereof admissible?
Inadmissible to show negligence or ability to pay a judgment
Admissible to prove ownership/control (if disputed!) and to impeach the witness
When are subsequent remedial measures admissible?
Inadmissible to prove negligence, culpable conduct, product defect, or a need for a warning.
Admissible to prove ownership/control or feasibility of a safer condition IF DISPUTED, to rebut a claim of impossibility, or prove destruction of evidence
When are settlement offers and negotiations admissible?
Compromises or offers to compromise cannot be admitted to prove or disprove the validity or amount of a disputed claim, or to impeach a witness by prior inconsistent statement or contradiction. This extends conduct and statements made in the course of negotiating a compromise. Settlement offers and negotiations may be admissible for other purposes, like impeachment for bias.
When are offers to pay/payment of medical expenses admissible?
Inadmissible to prove culpability.
Unlike settlement offers, any admission of fact accompanying the offer to pay is admissible.
When are withdrawn guilty pleas, pleas of nolo contendere, or offers/statements made in plea negotiations admissible?
Not admissible.
An actual guilty plea that has not been withdrawn is admissible in subsequent litigation
