Relevancy

Question 1

FRE 401 Test for Relevant Evidence

Answer 1

Evidence is relevant if:

a) it has any tendency to make a fact more or less probable than it would be without the evidence; and

b) the fact is of consequence in determining the action

Question 2

FRE 402 General Admissibility of Relevant Evidence

Answer 2

Relevant evidence is admissible unless any of the following provides otherwise:

The US Constitution
A federal statute
These rules
Other rules prescribed by the Supreme Court

Irrelevant evidence is not admissible

Question 3

FRE 403 Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons

Answer 3

The court may exclude relevant evidence if it’s probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.

BALANCING TEST! Court MAY exclude relevant evidence if its probative value is substantially outweighed by unfair prejudice

Question 4

FRE 104(b) Relevance That Depends on a Fact

Answer 4

When the relevance of evidence depends on whether a fact exists, proof must be introduced sufficient to support a finding that the fact does not exist. The court may admit the proposed evidence on the condition that the proof be introduced later

Question 5

FRE 407 Subsequent Remedial Measures

Answer 5

Bars subsequent remedial measures to prove negligence, culpable conduct, product defect, or need for warning.

But may be admitted for another purpose such as impeachment, or, if disputed, proving ownership, control, or feasibility

Question 6

FRE 408 Compromise Offers and Negotiations

Answer 6

Bars compromise/attempt to compromise a disputed claim and conduct/statements in negotiations to prove validity of amount of the claims.

But maybe admitted for another purpose such as proving witness bias, lack of undue delay, or efforts to obstruct criminal investigation.

Question 7

FRE 409 Offers to Pay Medical and Similar Expenses

Answer 7

Bars offer of payment of medical costs to prove liability

Question 8

FRE 410 Pleas, Plea Discussions, and Related Statements

Answer 8

Bars (against the defendant)
(1) guilty plea later withdrawn
(2) nolo contendere plea
(3) statements in plea proceedings
(4) statements in plea talks with prosecutor

But may be admitted
(1) to complete partial account of plea discussions or
(2) in a perjury prosecution if statement under oath, on record, and in counsel’s presence.

Question 9

FRE 411 Liability Insurance

Answer 9

Bars liability insurance or lack there of it to prove negligence/wrongful action

But maybe admitted for another purpose such as proving witness bias or agency, ownership or control.

Question 10

FRE 105 Limiting Evidence That is not Admissible Against Other Parties or for Other Purposes

Answer 10

If the court admits evidence that is admissible against a party or for a purpose–but not against another party or for another purpose–the court, on timely request, must restrict the evidence to its proper scope and instruct the jury accordingly.