Relevance - Basics/Similar Occurrences

Question 1

Evidence is relevant when…

Answer 1

It has any tendency to make the existence of any fact of consequence more or less probable than it would be without the evidence.

Question 2

For evidence to be relevant, it must be…

Answer 2

Material - must be “of consequence”
Probative - has any tendancy to make the proposition more or less probable.

Question 3

All relevant evidence is admissible unless:

Answer 3

• It is kept out by some specific exclusionary rule of evidence.
• Kept out by Rule 403.

Question 4

A trial judge has broad discretion to exclude relevant evidence if it’s _________________ is _____________________ by the danger of one or more considerations:

(List the 6 dangers)

Answer 4

It’s probative Value is substantially outweighed…

• Unfair Prejudice
• Confusion of the issues
• Misleading the Jury
• Undue Delay
• Waste of Time
• Needlessly presenting Cumulative Evidence.

Question 5

As a general rule, evidence involving some time, event, or person other than that involved in the present case is…

Answer 5

Inadmissible.

Question 6

When can evidence of a plaintiff’s prior false claims or same bodily injury be admitted?

Answer 6

• To show similar false claims from Plaintiff (to show current claim is also false.)
• To show plaintiff previously injured same body part in a previous accident (in cases where cause of Plaintiff’s damages is at issues.)

Question 7

When can evidence of similar accidents or injuries caused by same event/condition be admitted?

Answer 7

Evidence of prior accidents or injuries happening due to substantially similar circumstances can be submitted:

• To show the existence of a dangerous condition;
• To show that the dangerous condition caused injury;
• and that the defendant had notice of the dangerous condition.

Question 8

When is evidence of the absence of complaints admissible?

Answer 8

To show the Defendant’s lack of knowledge of the danger at issue.

Question 9

Name the 8 different ways that evidence of similar occurrences can be admitted?

(HIII CHAP)

Answer 9

H - Habit/Business Practice
I - Intent
I - Impossibility
I - Industry Practice

C - Causation
H - History of Plaintiff’s Injury/Similar Tort Claim
A - Similar Accident/Injury that was caused by Same Event/Condition
P - Property Value