Relevance Flashcards
When is evidence relevant?
Evidence is relevant if it has any tendency to make a material fact more or less probable than would be the case without the evidence.
What is the general rule regarding admissible of relevant evidence?
All relevant evidence is admissible UNLESS the court makes a discretionary determination that the probative value of the evidence is substantially outweighed by some countervailing pragmatic ground for exclusion.
What type of discretion do judges have when determining whether evidence is relevant?
Judges have wide discretion to balance probative value with pragmatic considerations and the determination will be fact specific.
What are 6 pragmatic considerations that judges consider when determining whether evidence is relevant?
Six types of pragmatic considerations:
- danger of unfair prejudice
- confusion of the issues
- misleading the jury
- undue delay
- waste of time
- unduly cumulative
In regards to whether evidence is relevant, what is the general rationale for policy-based exclusions?
Balancing relevance with pragmatic considerations, and encouraging parties to take socially useful conduct, by promising them that their statements and actions won’t be used against them in court.
What is the rule regarding the relevance of liability insurance? Are there exceptions?
Evidence that a person has (or does not have) liability insurance is NOT admissible for the purpose of proving fault or absence of fault.
**Exception: ** May be admissible for some other relevant purpose, such as:
- Proof of ownership or control if that issue is disputed, or
- Impeachment of a witness on the ground of bias.
What is the rule regarding the relevance of subsequent remedial measures? Are there exceptions?
Repairs and design or policy changes taken after an accident that might have prevented the accident or made it less likely. Remedial measures are NOT admissible to prove the defendant’s fault.
Exception - May be admissible for some other relevant purpose, such as proof of ownership, control, or feasibility of precautionary measures if that issue is disputed.
What is the rule regarding the relevance of settlements and attempted settlements of civil cases? Are there exceptions?
If there is a disputed civil claim then evidence of settlement, offer t settle, or statement of fact made during settlement meetings is inadmissible if offered to prove either the liability or the amount of the claim.
Exceptions:
- If the civil claim is brought by the government, statements of fact by the defendant during the settlement negotiations in that civil case are admissible against the defendant at a later criminal trial. (DOJ Exception)
- Settlement evidence may be admissible if it is offered to impeach a witness on the ground of bias.
NOTE: The requirement of a disputed claim- The ban on settlement evidence only applies if, at the time of the discussion, there is a claim (a demand of some sort) and that claim is disputed by the other side (either as to validity or amount).
In Virginia, what is the rule regarding the relevance of settlements and attempted settlements of civil cases? Are there exceptions?
An express admission of liability (or some other independent fact) is admissible, even if it takes place during settlement negotiations.
VA law, like the federal rules, does not permit use of the plaintiff’s financial demand or the defendant’s offer during settlement negotiations.
What is the rule regarding the relevance of offers to pay hospital or medical expenses? Are there exceptions?
Evidence that a party has paid or offered to pay an accident victim’s medical expenses is NOT admissible to prove liability.
NOTE: This rule does not include other statements made in connection with an offer to pay medical expenses.
What is the rule regarding the relevance of pleas and plea discussions in criminal cases? Are there exceptions?
The following statements by the defendant (or defense counsel) in a criminal prosecution are NOT admissible for any purpose against that defendant, either in the criminal case or a subsequent civil case:
- Offers to plead guilty that are rejected
- Withdrawn guilty pleas
- No contest pleas (VA allows nolo contendere plea in criminal proceedings to be used as admission against party in civil litigation)
- Statements of facts in negotiations of the above
What is character evidence?
Character evidence refers to a person’s general propensity or disposition (e.g. honesty or peacefulness).
What are four possible purposes for which evidence can be offered?
- Conforming Conduct - evidence of a person’s character trait is offered to prove that the person is prone to act in a certain way.
- Impeachment or Rehabilitation - evidence of a witness’s character for untruthfulness (or truthfulness) is offered to impeach or rehabilitate.
- Other Purposes - evidence of a person’s prior bad act is offered for some purpose other than proving propensity.
- Essential Element - character trait evidence is offered bc the trait itself is an essential element of the claim or defense.
What is the general rule regarding character evidence?
Character evidence is NOT admissible to prove propensity (purpose #1); but it IS GENERALLY ADMISSIBLE for impeachment – to show a witness’s veracity, for a non-propensity purpose, and when the trait is itself an essential element (purposes #2, #3, and #4).
Can evidence of the Defendant’s character be offered by the Defendant?
Evidence of the D’s character is generally not admissible to prove propensity. Exceptions: The defendant may introduce evidence of his own pertinent traits of good or lawful character If the defendant does so, the prosecution may rebut with evidence of the D’s bad character
If a defendant’s is permitted to offer character evidence of himself, what are permissible forms of the evidence? What is the rule in Virginia?
When character evidence is admissible to prove propensity, the only proper methods are: OPINION or REPUTATION but NOT SPECIFIC ACTS OF CONDUCT. VA Distinction: When character evidence is admissible to prove conforming conduct by some person, the character witnesses may only testify as to what they know about the person’s reputation. OPINION TESTIMONY NOT ALLOWED.
When may the prosecution offer character evidence pertaining to the defendant? What is the permissible purpose of this evidence?
If the D has “opened the door” by calling character witnesses, the prosecution may rebut in two ways: By calling its own witnesses to testify to the D’s relevant bad character. FORM: Opinion or Reputation. By cross-examining D’s character witnesses by questioning their knowledge of specific acts by the D that are relevant to the character trait at issue. Purpose: To IMPEACH the witness NOT to prove D’s conduct. Also NOTE: Good faith requirement. Even though the prosecution is not allowed to prove the specific act, it must have a good faith basis to believe that the specific act took place before it may ask the D’s character witnesses about the act on cross.
Can character evidence of the victim be admitted in a self-defense case? Does the prosecution have an opportunity to rebut, and how? What is the special rule for D’s knowledge of the victim’s character for violence? What in what form/purpose may the evidence be presented?
A criminal D may offer evidence of the victim’s violent character to prove that the victim was the first aggressor.
Form: Opinion or Reputation.
Prosecution rebuttal: The prosecution may rebut in two different ways, by evidence of:
- the victim’s peaceful character OR
- the defendant’s violent character Special Rule for D’s Knowledge of Victim’s Character for Violence.
The D in a criminal or civil case may offer evidence of his own knowledge of the victim’s bad character for violence at the time of the alleged offense for the purpose of showing he reasonably feared that he was in danger.
Form: Because this is not propensity evidence, ANY FORM is allowed (opinion, reputation, or specific acts)
Can a evidence be admitted on the victim’s character in a sexual misconduct case? Are there any exceptions?
THE RAPE SHIELD RULE: In a case involving alleged sexual misconduct (assault or harassment), the D ordinarily may not introduce evidence of the victim’s sexual history or sexual predisposition.
Exceptions: Notwithstanding the general rule, a D may introduce:
- Evidence of the victim’s sexual activity with the D but only if the defense is consent
- Evidence of the victim’s sexual activity with others, but only to prove that someone other than the D was the source of injury or other physical evidence.
- Evidence required to be admitted by the D’s constitutional rights under the Confrontation Clause, typically to prove that the alleged victim might have some motive to lie about her accusations.
Can character evidence be admitted in civil cases? Are there any exceptions?
Character evidence is generally NOT admissible to prove propensity in civil cases.
Exception: Evidence of person’s character is admissible in civil action where such character is an essential element of a claim or defense.
Common situations: Negligent entrustment and Defamation of character
What is the general rule regarding habit evidence? What are the exceptions to this rule? What is the rule for businesses?
Habit evidence is inadmissible to prove conduct on a particular occasion. Habit is a repetitive response to a particular set of circumstances. Two distinguishing characteristics:
- frequency of the conduct and
- uniformity/regularity of the response.
Exception: Habit of a person (or routine practice of a business organization) is admissible to infer how the person (or business) acted on the occasion at issue in the litigation.
Business Routine: The regular practice of an organization is admissible to prove conduct on a particular occasion.
What is the rule regarding the admission of defendant’s other crimes as evidence for a non-character purpose? Are there any exceptions?
General Rule: A D’s other crimes or specific bad acts are NOT admissible during the prosecution’s case-in-chief if the only purpose is to prove propensity.
Exception: But if the D’s other crimes or bad acts are offered for some purpose other than propensity, then the evidence will not be barred by the rule against character evidence. MIMIC RULE.
What is the MIMIC rule?
The MIMIC rule stands for the most common non-character purposes for which evidence will not be barred by the rule against character evidence.
- Motive,
- Intent,
- Mistake or Accident,
- Identity,
- Common scheme or plan.
What is the rule regarding timing under the MIMIC rule? How do you prove MIMIC-purpose crimes? What is the burden of proof and how holds the burden? Are there any other requirements under the MIMIC rule?
Timing: If a MIMIC category is satisfied, the prosecution may use other crimes evidence as part of its case-in-chief. The admissibility of MIMIC evidence does not depend on whether the D puts on any evidence or calls any witnesses, much less favorable character witnesses, and (unlike impeachment evidence) does not depend on whether the D testifies.
Proving MIMIC-purpose crimes: by proof of prior convictions or any other evidence that committed crime
Burden of Proof: The “sufficiency” standard - The prosecution must produce sufficient evidence for a reasonable jury to conclude that the D committed the prior act by a preponderance of the evidence. Other Requirements: 403 balancing test, limiting instruction, and pre-trial notice Civil Cases: May be used in civil cases, such as tort actions for fraud or assault
