Relevance And Its Limits 401-415

Question 1

FRE401: Title?

Answer 1

Test for Relevant Evidence

Question 2

When is evidence relevant?

Answer 2

401: If it has any tendency to make a fact of consequence more or less probable

Question 3

FRE402: Title

Answer 3

General Admissibility of of Relevant Evidence

Question 4

When is relevant evidence not admissible?

Answer 4

If the Constitution, a Federal Statute, the FRE, or other rules prescribed by the Supreme Court deem it inadmissible

Question 5

What is a fact of consequence?

Answer 5

It is a fact material to the case, depends on the legal theory of the case

Question 6

How does the court usually rule on negative evidence (i.e. the absence of something occurring)?

Answer 6

They usually reject it

Question 7

What must occur for previously irrelevant evidence to become relevant?

Answer 7

The door must be opened, usually on a direct or by Opposing Counsel

Question 8

FRE403: Title?

Answer 8

Excluding relevant evidence for prejudice, confusion, waste of time or other reasons

Question 9

Summarize the key points of FRE403

Answer 9

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.

Question 10

What factors will a judge usually consider when exercising their discretion under 403?

Answer 10

• 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

Question 11

FRE407: Title?

Answer 11

Subsequent Remedial Measures

Question 12

When is evidence of a subsequent remedial measure admissibility

Answer 12

Impeachment or — if disputed — proving ownership, control, or the feasibility of precautionary measures.

Question 13

When is evidence of a subsequent remedial measure inadmissible?

Answer 13

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

Question 14

To whom/against whom does 407 apply?

Answer 14

FRE407 applies to parties of a case, it does not apply to measures taken by non-parties!

Question 15

What is the 407 Standard for impeachment?

Answer 15

(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)

Question 16

FRE408: Title?

Answer 16

Compromise Offers and Negotiations

Question 17

When is evidence of a compromise or negotiation offer admissible?

Answer 17

To show witness’s bias or prejudice, negating a contention of undue delay, or proving an effort to obstruct a criminal investigation or prosecution.

Question 18

Summarize prohibited 408 uses:

Answer 18

(1) disputed claim, (2) during negotiations
then excluded for validity/amount or impeachment by prior inconsistent statements

Question 19

Summarize permissible 408 uses:

Answer 19

Proving witness bias or prejudice, undue delay, obstruction

Question 20

FRE 409: Title

Answer 20

Offer to pay medical expenses and similar expenses

Question 21

Summarize 409:

Answer 21

Evidence of offering to pay for medical expenses is not admissible to prove liability, but it does not bar contemporaneously made statements

Question 22

FRE 410: Title

Answer 22

Please, Plea discussions, related statements

Question 23

Summarize 410:

Answer 23

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

Question 24

FRE411: Title

Answer 24

Liability Insurance

Question 25

Summarize 411:

Answer 25

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

Question 26

FRE404:

Answer 26

Character evidence, other crimes, wrongs, or acts