Relevance Flashcards
When is evidence relevant?
evidence is relevant if it has any tendency to make the existence of any fact of consequence to the determination of the action more probable or less probable than it would be without the evidence.
Generally, must evidence relate to the time, event, or person involved in the present litigation?
yes, unless it falls within the exceptions.
What are the exceptions to evidence relating to the time, event, or person involved?
Causation, Prior False Claims or Same Body Injury, Similar Accident or Injuries caused by Same event or Condition, previous similar acts admissable to Prove Intent, Rebutting Claim of Impossibility, Sales of Similar Property, Habit, industrial business routine, or Industry custom as evidence of standard of care.
When are prior false claims or same bodily injury relevant?
to prove that 1) the present claim is likely to be false or, 2) the plaintiff’s condition is attributable in whole or in part to the prior injury.
When are similar accidents or injuries caused by the same event or condition admissable?
to prove 1) the existence of a dangerous condition 2) that the defendant had knowledge of the dangerous condition, 3) that the dangerous condition was the cause of the present injury.
When can sales of similar property be admissable?
they are admissable to prove value. Prices quoted in mere offers to purchase are not admissable. However, evidence of unaccepted offers by a party to the action to buy or sell the property may be used against him.
When is habit evidence admissable?
evidence of a person’s habit may be admitted to prove that on a particular occasion the person acted in accordance with the habit.
When does the trial judge have the discretion to exclude relevant evidence?
when the probative value is substantially outweighed by the danger of unfair prejudice, confusion of issues, misleading the jury, undue delay, waste of time, or needless presentation of cumulative evidence. Unfair surprise is not a valid ground to exclude relevant evidence.
What are public policy reasons to exclude relevant evidence?
Subsequent repairs, liability insurance, settlement offers, offers to pay medical expenses, withdrawn guilty pleas
When is liability insurance admissable?
To prove ownership or control
To impeach
As part of an admission of liability
When does subsequent remedial measures come in?
To prove ownership or control
Rebut a claim that the precaution was not feasible
Prove the opposing party destroyed evidence
What are settlement negotiations inadmissible for?
Not admissable to prove or disprove the validity or amount of a disputed claim, or to impeach a witness by prior inconsistent statements or contradiction. … for the exclusionary rule to apply there must be an indication that a party is going to make claim in dispute to liability or amount.
What is the limited exception to the settlement offer rule?
Conduct or statements made during compromise negotiations regarding civil dispute with a governmental agency are not excluded when offered in a criminal case
Are withdrawn guilty pleas, peas of nolo contendere, offers to plead guilty, and statements made in negotiating such pleas admissable?
No not against the defendant who made the withdrawn plea or participated in the plea discussions
