Relevance/Public Policy Exclusions

Question 1

Relevance Definition

Answer 1

any tendency to make a fact of consequence more or less probable

Question 2

Relevance requires ____ and _____

Answer 2

materiality and probativeness

Question 3

Rule 403

Answer 3

Court may exclude relevant evidence if the probative value is substantially outweighed by six pragmatic considerations

Question 4

Rule 403 pragmatic considerations

Answer 4

1. Danger of unfair prejudice
2. Confusion of the issues
3. Misleading the jury
4. Undue delay
5. Waste of time
6. Unduly cumulative

Question 5

Plaintiffs Accident History - Relevant?

Answer 5

Yes if cause of P’s damages is in issue

Question 6

Similar Accidents Caused by Same Event or Condition - Relevant?

Answer 6

Accidents involving the same instrumentality or condition under substantially similar circumstances can be admitted for:

1. existence of dangerous condition
2. causation
3. prior notice to D

Question 7

Intent in Issue - Relevant?

Answer 7

Person’s prior conduct may be admissible to provide inference of intent on later occasion

Question 8

Comparable Sales on Issue of Value - Relevant?

Answer 8

Selling price of other property of similar type, in same general location, and close in time may be admissible to show value of property at issue

Question 9

Habit - Relevant?

Answer 9

Admissible to show how the person (or business) acted on the occasion at issue

Question 10

Habit evidence needs to have _____ and _______.

Answer 10

frequency of conduct, particularity of circumstances

Question 11

Five Public Policy Exclusions

Answer 11

1. Liability Insurance
2. Subsequent Remedial Measures
3. Settlements in Civil Cases
4. Plea Discussions in Criminal Cases
5. Offer to Pay Medical or Hospital Expenses

Question 12

Liability Insurance may be admitted to show ______ and ______.

Answer 12

proof of ownership/control (if disputed, impeachment of a witness

Question 13

Subsequent remedial measures may be admissible to show (if disputed) _____ and ______.

Answer 13

proof of ownership/control. feasibility of a safer condition

Question 14

Evidence of settlement in civil case may be admissible to _____________.

Answer 14

impeach a witness on the ground of bias.

Question 15

Settlements in civil cases are only excluded if there is a disputed claim as to _____ or ______.

Answer 15

validity, damages

Question 16

A plea of guilty is admissible only in ____.

Answer 16

subsequent litigation based on the same facts under the rule of party admissions

Question 17

The exclusion on offer to pay medical expenses does not cover ______.

Answer 17

statements of fact made in conjunction with offer.