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
