Relevance - Admissible Unrelated Evidence

Question 1

Unrelated evidence of Causation will be inadmissible if

Answer 1

it “tends to show” or prove a cause and effect central to the issues directly involved in the litigation.

Question 2

Evidence of Prior Accidents or Claims are not admissible except (2):

Answer 2

1) To show a common plan or scheme of fraud;

2) Where prior claims or accidents are relevant to the damage sustained by the plaintiff in the current case

Question 3

Generally other accidents involving the same instrumentality and which occurred under the same/similar circumstances are admissible to show

Answer 3

Notice/Knowledge by the maintainer, or to show that an instrumentality is dangerous/defective.

Question 4

Intent or State of Mind in Issue is admissible in order to

Answer 4

infer intent from an individual’s prior conduct.

Question 5

Rebuttal Evidence is admissible in order to

Answer 5

Rebut a Defense of Impossibility.

Question 6

Using Comparable Sales to Establish Value. The price of other chattels/parcels of real property are admissible if the other chattels/parcels (3):

Answer 6

are of the same
1) general description;
2) general time period;
3) general geographic location.
(Kind, Time, Place)

Question 7

Evidence of a person’s habit is admissible to prove

Answer 7

on a particular occasion the person acted in accordance with the habit.

Question 8

Habit Evidence is distinguished by the habit’s

Answer 8

Specificity and Recurrence. Key “trigger words” of Habit are: “always, instinctively, invariably, automatically.”

Question 9

The routine practice of an organization is admissible to prove

Answer 9

on a particular occasion the organization acted in accordance with the routine practice.

Question 10

Industrial or Trade Custom is admissible as non-conclusive evidence of

Answer 10

Standard of Care

Question 11

Possession of Liability Insurance is generally not admissible to show

Answer 11

a person acted negligently or wrongfully or to show an ability to pay.

Question 12

Possession of Liability Insurance IS admissible when relevant to

Answer 12

1) Show ownership or control;

2) Impeach the Credibility of a witness by showing Interest or Bias (motive)

Question 13

When measures are taken that would have made an earlier injury less likely to occur, evidence of the measures is not admissible to prove

Answer 13

negligence, culpable conduct, a defect in a product, a defect in a product’s design, or a need for warning/instruction.

Question 14

Subsequent Remedial Measures ARE admissible to show:

Answer 14

1) Ownership and Control, if disputed;

2) Feasibility of precautionary measures, if disputed.

Question 15

Settlements/Offers are not admissible to prove

Answer 15

fault, liability, or amount of damages.