Relevance COPY Flashcards
403 Balancing Test
If PV substantially outweighs risk → admissible
Risks:
Unfair prejudice
Confusing the issue
Misleading the jury
Undue delay;
Wasting time; or
Needlessly presenting cumulative evidence
Mitigating Measures:
- Limiting instructions to jury
- Stipulations
Demonstrative Evidence
Only as good as:
(1) Underlying testimony
(2) Data assumptions
(3) Opinions on which it is based
Evidence of Flight
Is evidence of consciousness of guilt by conduct.
The court must determine that the person was
(1) Actually fleeing;
(2) Because actually guilty;
(3) Guilty specifically due to this crime; and
(4) Guilty because they did this crime.
NOTE: Consider how proximate (time & space) the flight was from the crime.
Probability Evidence
(1) Based on sufficient evidence
(2) That demonstrates validity; and
(3) Does not distort jury’s role as decider.
NOTE: Don’t use mathematical for criminal
Relevance
Subsequent Remedial Measures
Prohibited Uses
(1) Negligence
(2) Culpable Conduct
(3) Product Defect
(4) Need for Warning
Allowed Uses
(1) Impeachment
(2) Disputed Ownership
(3) Disputed Control
(4) Disputed Feasibility/Precautionary Measures
(5) Etc.
NOTE: Consider whether preventative measures were possible.
Relevance
Compromise Offers and Negotiations
Prohibited Uses
(1) Validity of disputed claim
(2) Amount of disputed claim
(3) Impeach prior inconsistent statement
(4) Impeach contradiction
Allowed Uses
(1) Prove bias/prejudice
(2) Prove no undue delay
(3) Prove obstructing investigation/trial
(4) Etc.
Relevance
Payment of Medical Expenses
Prohibited to prove liability.
Relevance
Liability Insurance
Prohibited Uses
(1) Negligence
(2) Wrongful Action
Allowed Uses
(1) Witness Bias/Prejudice
(2) Agency/Ownership/Control
(3) Etc.
Relevance
Pleas in Criminal Cases
Prohibited Uses
(1) Later withdrawn
(2) Nolo contendere
(3) During plea proceeding
Allowed Uses
(1) Provide context
(2) Prove perjury/false statement
(a) in criminal case
(b) on the record
(c) with counsel present
(3) Complete Immunity Deals
