Relevancy

Question 1

Relevant evidence

Answer 1

tends to make the existence of any fact more or less probable than it would be without the evidence.

Question 2

Excluding Relevant Evidence Balancing test

Answer 2

if the probative value of the evidence is substantially outweighed by: the danger of unfair prejudice, confusion of issues, misleading the jury, undue delay, waste of time, OR needlessly presenting cumulative evidence.

Question 3

Character Evidence

Answer 3

1. Is it evidence at all? ROSA
2. why is Ce being offered and is it admissible for that purpose? ICE
3. Method? ROSA

Question 4

2. ICE (I***)

Answer 4

Impeachment *** - for untruthfulness or prior bad acts (can’t offer extrinsic) generally admiss

Question 5

2. ICE (C)

Answer 5

Conformity (generally not admiss) - 1. criminal D can open the door to their own good character. RO 2. victim pertinent character to support claim of initial aggressor RO, circumstantial ev. 3. In a crim homicide case can show victim was initial aggressor, RO. 4. Rape shield . 5. Sexual Predators SA

Question 6

2. ICE (E)

Answer 6

Element - character at issue, relevant to an essential element of the claim. gen admiss. applies to DARN NICE: Defamation, Negligent entrustment hiring supervision, Immigration, Child Custody, Entrapment (crim defense). ROSA allowed

Question 7

Things that look like character evidence: MIMIC +

Answer 7

Motive 
Intent
Absence of Mistake 
Identity (signature)
Common Scheme or plan 
\+ - knowledge, operation, etc.

Question 8

Habit and Routine Practice

Answer 8

ev of a persons habit/routine is always admiss to show conduct and conformity w/ such.

Question 9

Public Policy Exclusions

Answer 9

1. Subsequent remedial measures
2. compromise rule
3. offer to pay and payment of medical and similar expenses
4. inadmiss of pleas, plea discussions, and related statements
5. liability insurance

Question 10

Subsequent Remedial Measures

Answer 10

Inadmiss to prove N, culpable conduct, design, defend, or need for a warning.
Exceptions: show ownership or control if denied, show feasibility or precautionary measures if denied, impeach w.

Question 11

Compromise Rule

Answer 11

statements made in connection w/ offers to settle a civil matter

Question 12

Offer to pay and payment of medical and similar expenses

Answer 12

Ev of offering to pay or offering to pay medical bills are inadmiss to prove liability but any admiss of fact made in connection w/ this offer are admiss.

Question 13

Inadmiss of pleas, plea discussions, and related statements

Answer 13

a plea and any statements mae during plea negotiations by a D to a prosecutor in a crim proceeding will be inadmiss against the D in a later proceeding if the plea is: not accepted by the c, later withdrawn by the D, OR D pleads nolo.

Question 14

Liability Insurance

Answer 14

ev that a person was/wasn’t insured is inadmiss to prove N or fault.
Exceptions: (ev of ins may be admitted for another purpose such as: proof of agency, ownership or control, OR bias or prejudice of a w.)