Relevance & Policy Exclusions

Question 1

401 Relevance Test

Answer 1

Relevant if

1. It has any tendency to makes a fact more or less probable than it would be without the evidence
2. The fact is of consequence in determining the action

Question 2

Evidence must relate to

Answer 2

Time, event, person in controversy

UNLESS

1. Certain similar occurrences
2. Causation
3. Prior false claims - person previously filed similar false claims, relevant to prove present claim likely false
4. Same bodily injury- persons condition attributable to prior injury
5. Similar accident or injury caused by same event or condition. Admissible to prove:
   Existence of dangerous condition
   D had knowledge of dangerous condition
   Dangerous condition cause of present injury
6. Previous similar acts to prove intent
7. Rebut claim of impossibility
8. Sales of similar property

Question 3

Habit

Answer 3

Describes persons regular response to specific set of circumstances.

Person’s habit may be admitted to prove that on particular occasion person acted in accordance with habit

Instinctively, automatically

Question 4

Industrial business routine

Answer 4

Evidence business had established routine relevant as tendency to show particular event occurred

Question 5

Industry custom

Answer 5

As evidence of standard of care may be offered to show adherence to or deviation from standard of care

Question 6

402 General admissibility or relevant evidence

Answer 6

Relevant evidence is generally admissible

Question 7

403

Answer 7

Court may exclude relevant evidence if it’s probative value is substantially outweighed by the danger of one or more of the following:

1. Unfair prejudice
2. Confusing the issues
3. Misleading the jury
4. Undue delay
5. Wasting time
6. Needlessly presenting cumulative evidence

Question 8

407 subsequent remedial measures

Answer 8

Inadmissible: to prove

1. negligence
2. culpable conduct
3. defect in product or design
4. need for warning label

Admissible: to prove

1. ownership or control
2. Rebut claim precautions were impossible
3. Prove destruction of evidence
4. Feasibility of precautionary measures

Question 9

408 settlement offers

Answer 9

Inadmissible: to prove or disprove

1. Validity or amount of claim
2. Impeach by prior inconsistent statement or contradiction

Admissible:

1. Proving witness bias or prejudice
2. Negating contention of undue delay
3. Proving effort to obstruct criminal investigation or prosecution
4. Civil disputes with governmental authority

Question 10

409 offers to pay/ payment of medical expenses

Answer 10

Inadmissible: to prove culpable conduct

Admissible: for all other purposes
1. Admissions of facts accompanying offer to pay medical expenses are admissible

Question 11

410 pleas, plea discussions and related statements

Answer 11

Inadmissible:

Withdrawn guilty pleas, pleas of nolo contendre, offers to plead guilty and statements made during plea negotiations generally inadmissible in any proceedings against D who participated in plea discussions

Question 12

411 liability insurance

Answer 12

Inadmissible: to prove

1. Negligence
2. Ability to pay

Admissible: to prove

1. Ownership or control
2. As impeachment
3. As part of proving agency