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Evidence > Relevancy > Flashcards

Relevancy Flashcards

1
Q

Relevant evidence means

A

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

  1. logically relevant
  2. legally relevant
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2
Q

What is logical relevance?

A

some logical tendency to prove or disprove a fact of consequence

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3
Q

What is legal relevance?

A

the evidence must be helpful in deciding the case

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4
Q

Although relevant, evidence may be excluded if

A

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).

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5
Q

Who’s eyes do we look through when determining the 403 balancing test?

A

The trier of fact

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6
Q

What is circumstantial evidence?

A

EXAMPLE: Footprints in the snow showing someone came to door and left newspaper there. Circumstantial evidence that the paper boy delivered the paper.

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7
Q

Demonstrative evidence is?

A

Prepared in anticipation or trial to assist the jury or fact finder

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8
Q

Character evidence refers to a

A

general propensity or disposition for honesty, peacefulness, violence.

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9
Q

When is character evidence used as an essential element of the case?

A

Rare in Civil cases, NEVER in criminal cases.

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10
Q

When is character evidence admissible to prove conformity therewith in civil cases?

A

Inadmissible unless

—essential element of a claim or defense, then all forms are admissible ROSA

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11
Q

What are the three forms of character?

A
  • reputation
  • opinion
  • specific acts
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12
Q

If trying to offer character evidence in the form of opinion or reputation, they must prove

A

the witness must establish he is aware of the reputation of the party in the relevant community.

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13
Q

If evidence is opinion, the witness must establish

A

that he has sufficient knowledge to form an opinion about the particular trait.

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14
Q

When character is an essential element of the trait, then

A

specific instances of that person’s conduct may be offered as well. Rule 405(b).

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15
Q

Specific civil causes of action where character is an issue: ROSA
(4)

A
  1. defamation (π’s in issue)
  2. child custody (parents in issue)
  3. negligent entrustment (the person who was entrusted)
  4. Negligent hiring (look at employee)
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16
Q

Who can initially introduce evidence of ∆’s character in a criminal case?

A

Only the defense

  • Reputation; or,
  • Character

Prosecution can rebutt

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17
Q

In a criminal case, ∆’s character evidence can only be

A

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

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18
Q

What can π do once ∆ opens the character door in a criminal case
(3)

A

The prosecution can rebut with

  • substantively for their truth
    1. reputation; or,
    2. opinion
  • limited purpose of impeaching witness
    1. specific acts
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19
Q

When does character evidence not open the door to the prosecution?

A

When the evidence is of a trait that is not the pertinent trait of the crime charged

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20
Q

When may testimony in a criminal case about about the pertinent trait or character of a victim be introduced?

A

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

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21
Q

If ∆ opens door about a victim in a criminal case, what can π do
(2)

A

the prosecution may rebut with good character of the victim (reputation or opinion)

use (reputation or opinion) evidence about bad character of the ∆

22
Q

Defendant, on trial for assault and battery, offers evidence of victim’s character for violence. The prosecution may rebut with evidence of:

A

reputation or evidence of: π’s non violence

reputation or evidence of: ∆’s violence character

23
Q

If defendant offers evidence that the victim was the initial aggressor (factual), the prosecution may

A

may offer evidence of the victim’s good character for peacefulness.

-can only rehabilitate victim’s character of peacefulness

24
Q

What is the mimic rule?

A

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

25
Q

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

A

conduct in conformity with the habit.

comes in substantively

26
Q

What forms of habit evidence are admissible?

A

Admissible in the form of opinion or specific acts

27
Q

What words to look for in habit evidence?

A

always, habitually, automatically, instinctively, without fail, regularly

28
Q

what words are not in habit evidence?

A

usually, often, frequently

29
Q

Is negative habit evidence admissible?

A

Yes

30
Q

Can you testify as your own habit?

A

Yes

31
Q

What evidence is barred due to public policy?

A

-evidence of a subsequent remedial measures

32
Q

When is evidence of subsequent remedial measures barred?

3

A
  1. negligence
  2. culpable content
  3. need of a warning
33
Q

When is evidence of subsequent remedial measures admissible?

4

A

Demonstrate

  1. ownership
  2. control
  3. feasibility of precaution if controverted (applies in negligence + products liability)
  4. impeachment
34
Q

Evidence of an offer to settle a claim is barred when?

A

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

35
Q

Evidence of an offer to settle a claim is admissible when?

3

A

to show bias
to show prejudice
to negate a convention of undue delay

36
Q

What is the key point to compromise and offers to settle?

A

There must be a dispute to bar the offer to settle.

-if no dispute, then it is admissible

37
Q

Evidence of offering to pay medical (hospital or similar) bills is? Words outside?

A

Offer to pay is Inadmissible to prove liability; however, any words outside of the offer is admissible

you do not need a dispute!

38
Q

A plea and any statements made during plea negotiations by a defendant to a prosecutor in a criminal proceeding will be

A

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

39
Q

Evidence that a person was or was not insured is

A

inadmissible to prove negligence or fault

40
Q

Exceptions: Evidence of insurance against liability may be admitted for another purpose, such as:
(3)

A
  1. agency
  2. ownership or control
  3. bias or prejudice of a witness
41
Q

The limits of insurance coverage are admissible when?

A

never

42
Q

What is the rape shield law?

A

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

43
Q

Sexual behavior includes

A

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.

44
Q

In a criminal case, specific sexual acts ARE ADMISSIBLE in the following situations:

A
  1. consent of past sexual conduct between ∆ and victim

2. The source of semen: show that other men were source

45
Q

Sexual evidence will NOT be admissible UNLESS:

3

A

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.

46
Q

Who does the rape shield law protect

A

This rule protects not only the alleged victim in a particular case, but also ANY witness who is an alleged victim of sexual misconduct.

47
Q

In a criminal case in which the defendant is accused of child molestation or sexual assault (FRE 413, 414), what is admissible

A

specific acts by the defendant are admissible and may be considered as they bear on any relevant matter including: propensity

Subject to 403 balancing

48
Q

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

A

specific acts by the defendant are admissible and may be considered as they bear on any relevant matter including: propensity

Subject to 403 balancing

49
Q

For specific acts of sexual misconduct to minors to be brought in, what must be proven about the specific acts?

A

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

50
Q

All evidence is subject to?

A

403 balancing test

51
Q

Why is settlement evidence and offers to pay medical bills barred?

A

because they are against public polic

52
Q

Habit evidence can be use to prove

A

that a person or a business acted in conformity with habit or routine business practice

Evidence (9 decks)

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