Relevance and Its Limits

Question 1

Rule 401. Test for Relevant Evidence

Answer 1

Evidence is relevant if:

(a) it has any tendency to make a fact more or less probable than it would be without the evidence; and
(b) the fact is of consequence in determining the action.

Question 2

Rule 402. General Admissibility of Relevant Evidence

Answer 2

Relevant evidence is admissible unless any of the following provides otherwise:

the United States Constitution;
a federal statute;
these rules; or
other rules prescribed by the Supreme Court.
*Irrelevant evidence is not admissible.

Question 3

Rule 403. Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons

Answer 3

The court may exclude relevant evidence if its
probative value is
substantially outweighed by a danger of one or more of the following:
-unfair prejudice,
-confusing the issues,
-misleading the jury,
-undue delay,
-wasting time, or
-needlessly presenting cumulative evidence.

Question 4

Rule 407. Subsequent Remedial Measures

Answer 4

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

• negligence;
• culpable conduct;
• a defect in a product or its design; or
• a need for a warning or instruction.

But the court may admit this evidence for another purpose, such as impeachment or — if disputed — proving ownership, control, or the feasibility of precautionary measures.

Question 5

Rule 408. Compromise Offers and Negotiations (a)

Answer 5

(a) Prohibited uses. Evidence of the following is not admissible — on behalf of any party — either to prove or disprove the validity or amount of a disputed claim or to impeach by a prior inconsistent statement or a contradiction:

Question 6

Rule 408. Compromise Offers and Negotiations (a)(1)

Answer 6

(1) furnishing, promising, or offering — or accepting, promising to accept, or offering to accept — a valuable consideration in compromising or attempting to compromise the claim; and

Question 7

Rule 408. Compromise Offers and Negotiations (a)(2)

Answer 7

(1) and (2) conduct or a statement made during compromise negotiations about the claim — except when offered in a criminal case and when the negotiations related to a claim by a public office in the exercise of its regulatory, investigative, or enforcement authority.

Question 8

Rule 408. Compromise Offers and Negotiations (b)

Answer 8

(b) Exceptions. The court may admit this evidence for another purpose, such as proving a witness’s bias or prejudice, negating a contention of undue delay, or proving an effort to obstruct a criminal investigation or prosecution.

Question 9

Rule 409. Offers to Pay Medical and Similar Expenses

Answer 9

Evidence of furnishing, promising to pay, or offering to pay medical, hospital, or similar expenses resulting from an injury is not admissible to prove liability for the injury.

Question 10

Rule 410. Pleas, Plea Discussions, and Related Statements (a) (1)-(4)

Answer 10

(a) Prohibited Uses. In a civil or criminal case, evidence of the following is not admissible against the defendant who made the plea or participated in the plea discussions:
(1) a guilty plea that was later withdrawn;
(2) a nolo contendere plea;
(3) a statement made during a proceeding on either of those pleas under Federal Rule of Criminal Procedure 11 or a comparable state procedure; or
(4) a statement made during plea discussions with an attorney for the prosecuting authority if the discussions did not result in a guilty plea or they resulted in a later-withdrawn guilty plea.

Question 11

Rule 410. Pleas, Plea Discussions, and Related Statements

Answer 11

(b) Exceptions. The court may admit a statement described in Rule 410(a)(3) or (4):
(1) in any proceeding in which another statement made during the same plea or plea discussions has been introduced, if in fairness the statements ought to be considered together; or
(2) in a criminal proceeding for perjury or false statement, if the defendant made the statement under oath, on the record, and with counsel present.

Question 12

Rule 411. Liability Insurance

Answer 12

Evidence that a person was or was not insured against liability is not admissible to prove whether the person acted negligently or otherwise wrongfully. But the court may admit this evidence for another purpose, such as proving a witness’s bias or prejudice or proving agency, ownership, or control.