Relevance And Its Limits 401-415 Flashcards
FRE401: Title?
Test for Relevant Evidence
When is evidence relevant?
401: If it has any tendency to make a fact of consequence more or less probable
FRE402: Title
General Admissibility of of Relevant Evidence
When is relevant evidence not admissible?
If the Constitution, a Federal Statute, the FRE, or other rules prescribed by the Supreme Court deem it inadmissible
What is a fact of consequence?
It is a fact material to the case, depends on the legal theory of the case
How does the court usually rule on negative evidence (i.e. the absence of something occurring)?
They usually reject it
What must occur for previously irrelevant evidence to become relevant?
The door must be opened, usually on a direct or by Opposing Counsel
FRE403: Title?
Excluding relevant evidence for prejudice, confusion, waste of time or other reasons
Summarize the key points of FRE403
403 allows the exclusion thats probative value is substantially outweighed by:
* unfair prejudice,
* confusing the issues,
* misleading the jury,
* undue delay,
* wasting time,
* presenting cumulative evidence.
What factors will a judge usually consider when exercising their discretion under 403?
- Will the evidence arouse emotions or irrational prejudice
- Will the jury overvalue the evidence
- Is the evidence closely related to an essential element
- Can the same facts be proven in a less prejudicial manner
- If the evidence is admitted, can prejudice or harm be reduced or prevented
FRE407: Title?
Subsequent Remedial Measures
When is evidence of a subsequent remedial measure admissibility
Impeachment or — if disputed — proving ownership, control, or the feasibility of precautionary measures.
When is evidence of a subsequent remedial measure inadmissible?
negligence;
culpable conduct;
a defect in a product or its design; or
a need for a warning or instruction.
To whom/against whom does 407 apply?
FRE407 applies to parties of a case, it does not apply to measures taken by non-parties!
What is the 407 Standard for impeachment?
(1) a witness makes a specific representation that conflicts with the subsequent remedial measure,
(2) the witness makes an absolute declaration like “the product was perfectly safe,” or
(3) the witness making the statement was personally involved in implementing the remedial measure.
- Still, evidence is only admissible if disputed
- Witnesses may f/u with limiting instruction (105) or Prejudice (403)
FRE408: Title?
Compromise Offers and Negotiations
When is evidence of a compromise or negotiation offer admissible?
To show witness’s bias or prejudice, negating a contention of undue delay, or proving an effort to obstruct a criminal investigation or prosecution.
Summarize prohibited 408 uses:
(1) disputed claim, (2) during negotiations
then excluded for validity/amount or impeachment by prior inconsistent statements
Summarize permissible 408 uses:
Proving witness bias or prejudice, undue delay, obstruction
FRE 409: Title
Offer to pay medical expenses and similar expenses
Summarize 409:
Evidence of offering to pay for medical expenses is not admissible to prove liability, but it does not bar contemporaneously made statements
FRE 410: Title
Please, Plea discussions, related statements
Summarize 410:
Pleas, Statements made during negotiations with an attorney are not admissible unless another statement has been introduced, and in the interest of fairness this should be introduced; or for perjury if under oath, on record, without counsel.
Based on subjective and objective belief
may be waived
EXCEPT ACCEPTED GUILTY PLEAS
FRE411: Title
Liability Insurance
Summarize 411:
evidence of liability insurance is not admissible to prove wrongdoing but is admissible to prove bias, prejudice, agency/ownership/control
Does not apply to health insurance, indemnity agreements have circuit split
FRE404:
Character evidence, other crimes, wrongs, or acts
