Relevance Flashcards
When is evidence relevant?
Evidence is relevant if it tends to make the existence of any fact of consequence to the outcome of the action more probable than it would be without evidence.
What is the general rule for relevancy?
Evidence must relate to the time, event, or person involved in the PRESENT litigation, otherwise it is not relevant.
What are examples of Exceptions to General Rule?
Causation Prior False Claims or Same Bodily Injury Similar Accidents or Injuries caused by same event or condition (prove knowledge of risk) Previous similar acts to prove Intent Rebutting Claim of Impossibility Sales of Similar Property (prove value) Habit Industry Routine Industry Custom (show standard of care)
When might a trial judge exclude relevant evidence?
If the probative value is substantially outweighed by the danger of unfair prejudice, confusion of issues, misleading the jury, undue delay, or waste of time.
When is liability insurance inadmissible?
It not admissible to show negligence or ability to pay a substantial judgment.
When is subsequent remedial measures inadmissible?
Not admissible to prove negligence, culpable conduct, design defect, or need for warning.
When are settlement offers and withdrawn guilty pleas admissible?
Never to prove liability for, or invalidity of, a claim that is disputed as to validity or amount. Withdrawn pleas inadmissible.
When are offers to pay medical expenses admissible?
Never.
Is unfair surprise sufficient to exclude relevant evidence?
No.
What are some examples of when presence of liability insurance IS admissible?
It is admissible to (1) prove ownership or control, (2) to impeach, or (3) as part of an admission.
What are some examples of when subsequent remedial measures IS admissible?
Admissible for (1) proving ownership or control, (2) rebut claim that the precaution was not feasible, or (3) prove that the opposing party has destroyed the evidence
A and B get into a car crash. B, a billionaire, states “Oh man! That flamingo came out of nowhere! Let me give you a ride to the hospital, I’ll cover your bill.”
Which part of this state is admissible?
Admissions of fact accompanying offers to pay ARE admissible. Not offers to pay medical expenses though.
