Relevancy Flashcards
Relevant evidence means
evidence which tends to make the existence of any fact more or less probable than it would be without the evidence
- logically relevant
- legally relevant
What is logical relevance?
some logical tendency to prove or disprove a fact of consequence
What is legal relevance?
the evidence must be helpful in deciding the case
Although relevant, evidence may be excluded if
If the probative value is SUBSTANTIALLY outweighed by the prejudicial effect
(1) the danger of unfair prejudice, meaning the evidence invites the jury to make a decision on an improper ground;
(2) confusion of the issues;
(3) misleading the jury;
(4) considerations of undue delay;
(5) waste of time; or
(6) needless presentation of cumulative evidence (oral and documentary, as may be presented to the court at the hearing hereon).
Who’s eyes do we look through when determining the 403 balancing test?
The trier of fact
What is circumstantial evidence?
EXAMPLE: Footprints in the snow showing someone came to door and left newspaper there. Circumstantial evidence that the paper boy delivered the paper.
Demonstrative evidence is?
Prepared in anticipation or trial to assist the jury or fact finder
Character evidence refers to a
general propensity or disposition for honesty, peacefulness, violence.
When is character evidence used as an essential element of the case?
Rare in Civil cases, NEVER in criminal cases.
When is character evidence admissible to prove conformity therewith in civil cases?
Inadmissible unless
—essential element of a claim or defense, then all forms are admissible ROSA
What are the three forms of character?
- reputation
- opinion
- specific acts
If trying to offer character evidence in the form of opinion or reputation, they must prove
the witness must establish he is aware of the reputation of the party in the relevant community.
If evidence is opinion, the witness must establish
that he has sufficient knowledge to form an opinion about the particular trait.
When character is an essential element of the trait, then
specific instances of that person’s conduct may be offered as well. Rule 405(b).
Specific civil causes of action where character is an issue: ROSA
(4)
- defamation (π’s in issue)
- child custody (parents in issue)
- negligent entrustment (the person who was entrusted)
- Negligent hiring (look at employee)
Who can initially introduce evidence of ∆’s character in a criminal case?
Only the defense
- Reputation; or,
- Character
Prosecution can rebutt
In a criminal case, ∆’s character evidence can only be
The pertinent trait by what the ∆ is on trial for. If a crime of violence, then peacefulness is the pertinent trait. If a fraud case, honesty is the pertinent trait.
Reputation; or character evidence
What can π do once ∆ opens the character door in a criminal case
(3)
The prosecution can rebut with
- substantively for their truth
1. reputation; or,
2. opinion - limited purpose of impeaching witness
1. specific acts
When does character evidence not open the door to the prosecution?
When the evidence is of a trait that is not the pertinent trait of the crime charged
When may testimony in a criminal case about about the pertinent trait or character of a victim be introduced?
A defendant may offer evidence of a victim’s violent character as circumstantial evidence that the victim was the first aggressor.
-use to show they acted in self defense
If ∆ opens door about a victim in a criminal case, what can π do
(2)
the prosecution may rebut with good character of the victim (reputation or opinion)
use (reputation or opinion) evidence about bad character of the ∆
Defendant, on trial for assault and battery, offers evidence of victim’s character for violence. The prosecution may rebut with evidence of:
reputation or evidence of: π’s non violence
reputation or evidence of: ∆’s violence character
If defendant offers evidence that the victim was the initial aggressor (factual), the prosecution may
may offer evidence of the victim’s good character for peacefulness.
-can only rehabilitate victim’s character of peacefulness
What is the mimic rule?
Motive
Circumstantial evidence of other crimes, wrongs or acts is generally inadmissible, but may be offered to prove:
Intent
Absence of Mistake
Identity
Common Plan or Scheme (happens often)
(a) Knowledge
(b) Opportunity
(c) Preparation
Evidence of the habit of a person, or routine practice of an organization, whether corroborated or not and regardless of the presence of eyewitnesses, is relevant to prove
conduct in conformity with the habit.
comes in substantively
What forms of habit evidence are admissible?
Admissible in the form of opinion or specific acts
What words to look for in habit evidence?
always, habitually, automatically, instinctively, without fail, regularly
what words are not in habit evidence?
usually, often, frequently
Is negative habit evidence admissible?
Yes
Can you testify as your own habit?
Yes
What evidence is barred due to public policy?
-evidence of a subsequent remedial measures
When is evidence of subsequent remedial measures barred?
3
- negligence
- culpable content
- need of a warning
When is evidence of subsequent remedial measures admissible?
4
Demonstrate
- ownership
- control
- feasibility of precaution if controverted (applies in negligence + products liability)
- impeachment
Evidence of an offer to settle a claim is barred when?
When a claim is
1. disputed as to validity or amount
Evidence of an offer to compromise may NOT be used as a prior inconsistent statement for impeachment purposes
Evidence of an offer to settle a claim is admissible when?
3
to show bias
to show prejudice
to negate a convention of undue delay
What is the key point to compromise and offers to settle?
There must be a dispute to bar the offer to settle.
-if no dispute, then it is admissible
Evidence of offering to pay medical (hospital or similar) bills is? Words outside?
Offer to pay is Inadmissible to prove liability; however, any words outside of the offer is admissible
you do not need a dispute!
A plea and any statements made during plea negotiations by a defendant to a prosecutor in a criminal proceeding will be
inadmissible versus the ∆later
This rule applies to:
(a) pleas of guilty later withdrawn;
(b) pleas of nolo contendere (no contest); and
(c) offers to plead guilty (i.e., any statements by defendant during plea negotiations).
≠ statements made to police
Evidence that a person was or was not insured is
inadmissible to prove negligence or fault
Exceptions: Evidence of insurance against liability may be admitted for another purpose, such as:
(3)
- agency
- ownership or control
- bias or prejudice of a witness
The limits of insurance coverage are admissible when?
never
What is the rape shield law?
A broad rule of exclusion. In any civil or criminal proceeding involving alleged sexual misconduct, evidence offered to show
The alleged victims sexual behavior/predisposition or sexual history is
Excluded
Sexual behavior includes
Sexual behavior includes actual sexual physical conduct as well as the use of contraceptives, fantasies, and any activities that imply sexual activity.
1) Predisposition includes how a person dresses, lifestyle choices, and speech.
2) Predisposition evidence is INADMISSIBLE.
In a criminal case, specific sexual acts ARE ADMISSIBLE in the following situations:
- consent of past sexual conduct between ∆ and victim
2. The source of semen: show that other men were source
Sexual evidence will NOT be admissible UNLESS:
3
1) notice is given to the opposing party;
2) the evidence is reviewed in camera by the judge; and
3) the evidence alleges sexual misconduct.
Who does the rape shield law protect
This rule protects not only the alleged victim in a particular case, but also ANY witness who is an alleged victim of sexual misconduct.
In a criminal case in which the defendant is accused of child molestation or sexual assault (FRE 413, 414), what is admissible
specific acts by the defendant are admissible and may be considered as they bear on any relevant matter including: propensity
Subject to 403 balancing
In a civil case in which a claim for damages or other relief is predicated on a party’s alleged commission of sexual assault or child molestation (FRE 415), what is admissible
specific acts by the defendant are admissible and may be considered as they bear on any relevant matter including: propensity
Subject to 403 balancing
For specific acts of sexual misconduct to minors to be brought in, what must be proven about the specific acts?
these prior acts used in criminal cases need not have been tried (i.e., a prior conviction or arrest is not required). They can simply be allegations which meet the* preponderance of the evidence standard
Does not have to predate the crime
All evidence is subject to?
403 balancing test
Why is settlement evidence and offers to pay medical bills barred?
because they are against public polic
Habit evidence can be use to prove
that a person or a business acted in conformity with habit or routine business practice
