Relevancy Flashcards
Logical Relevance
Probative Value - logical tendency to prove or disprove a fact of consequence.
Relevancy Rule 401
evidence that Tends to make the existence of any fact more probable or less probable than without the evidence.
Legal Relevance
Must be helpful in deciding the case. Public policy considerations apply
Rule 403 - Exclusion of otherwise relevant evidence
List test and 6 considerations
Where the probative value is SUBSTANTIALLY outweighed by: Prejudice Confusion Misleading Delay Waste of time cumulative
Rule 403 Unfair Surprise Objection
Not a proper objection
Most rule 403 objections are properly overruled.
Balancing test favors admission.
Evidence of Similar Accidents
Relevance
Relevant to prove dangerous condition existed, product is defective, cause of an accident, notice of dangerous condition existed
Provided other accidents occurred under
Substantial
Identity of
Material
Circumstances
Absence of Similar Accidents
Rebut claim of defective product
lack of negligence or notice
Direct Evidence
Evidence perceived through senses
Circumstantial Evidence
Requires an inference.
Real Evidence
Evidence involved in transaction
Tangible evidence - murder weapon
Demonstrative Evidence
Prepared in anticipation of trial to assist jury to understand the facts in issue in the trial.
Character Evidence in general
Inadmissible to prove conduct in conformity therewith
Character evidence exceptions - Civil Case
Where character is in issue - essential element of COA, or defense.
Reputation
Specific Acts
Opinion
Character evidence is admissable
COA where Character is in issue
- Defamation
- Child custody - fitness of parent
- negligent entrustment
- negligent hiring
- entrapment - except when D is claiming Self Defense
It is rare that a criminal D’s character is an essential element of the case
Character Evidence in Criminal Case
Prosecution may not initially introduce evidence of defendants bad character.
Opening the Door to Character evidence
A defendant may open the door to reputation or opinion evidence my introducing testimony about his/her good character.
Only then the Prosecution may then rebut this evidence with reputation/opinion evidence.
Testimony about Character of a Victim
D may offer evidence of bad character of V to show he acted in self defense.
P may rebut in the same way. If D opens the door to a trait of violence of the V, he opens the door to himself.
P may also introduce character evidence of V to rehabilitate
D’s Claim of acting in Self Defense only
Introduction of Character evidence
P may not introduce character evidence of D unless he has opened the door. Claim of acting in self defense, without more, is not sufficient.
Rule 404(b) Mimic Rule Character evidence introduced for a purpose other than to show conduct in conformity therewith.
Evidence of other crimes or wrongs is admissible to prove the following
Motive
Intent
Mistake - absence of
Identity
Common scheme or plan
knowledgeopportunity*Preparation
When can acts falling under the MIMIC rule have occurred?
Before, during, or after the act charged.
Rule 406 - habit evidence
Evidence of habit of a person, or routine practice of an organization, corroborated or not, is relevant to prove conduct in conformity with the habit.
Admissible in the form of specific acts or opinion.
Negative habit is admissible - i dont smoke, drink, or use drugs.
Trigger words - always, invariably,
Habit Trigger Words MBE
always, automatically, instinctively, without fail, invariably, habitually
not
usually, often, or frequently - more likely to be character
Subsequent Remedial Measures are INADMISSIBLE to prove (4)
Negligence,
culpable conduct,
need for a warning, or
design defect
Subsequent Remedial Measures ARE ADMISSIBLE to show
Ownership or control
Impeach
Feasibility of Precautions if controverted
Timing - must be subsequent
Public Policy - encourage fixing dangerous products
Offer to Compromise is inadmissible where
prove liability
To impeach with a prior inconsistent statement
Where offer to compromise IS admissible
exceptions
Bias or prejudice
Negate contention of undue delay
efforts to obstruct criminal investigation
there must be a dispute as to amount or fault
Key determination to offer in compromise question
there must be a dispute as to amount or fault.
if no dispute, the evidence comes in.
Payment of Medical or Similar Expenses
offers to pay bills is inadmissible to prove liability for injury.
Doctrine of severance applies
Doctrine of Severance and Payment of Medical Bills
An admission connected with an offer to pay medical or other bills.
The admission is severed from the offer. The admission is allowed and the offer is not.
Admissibility of Pleas, plea discussions, and related statements
Statements to a prosecutor by a defendant are inadmissible against D in a later proceeding.
Does not apply to statements made to police.
Actual Guilty Plea entered may be used in subsequent civil case
Liability insurance
presence or absence of insurance is inadmissible to show fault.
may be used to show bias of a witness, ownership or control, or proof of agency
Rape shield Exception
Civil or criminal proceeding
Excludes sexual behavior, history, or predisposition
Procedure for introduction of evidence of prior sexual conduct of a victim
Notice must be given to opposing party
Evidence is reviewed in camera by judge
evidence alleges sexual misconduct
Exceptions to Rape Sheld
Criminal Case -
- Show consent - past acts with Defendant
- Source of semen - past acts with others
- if exclusion would violate constitutional rights of defendant
Evidence of Similar Crimes in Sexual Assault and Child Molestation Cases
in a civil or criminal case where D is accused of child molestation or sexual assault
Specific prior acts are admissible to show conformity therewith including disposition and propensity.
Balancing test applies - if overly prejudicial it is not admissible.
