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T&D.Edits.Evidence > Relevancy > Flashcards

Relevancy Flashcards

1
Q

What is relevant evidence?

A

Evidence that tends to make the existence of any fact more or less probable than it would be without the evidence. Relevant evidence must be:

  1. Logically relevant

And

  1. Legally relevant
    * More Info:* Relevant Evidence
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2
Q

What is logical relevance?

A

A tendency to prove or disprove a fact of consequence

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3
Q

What is legal relevance?

A

Evidence that is helpful in deciding the case

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4
Q

When may relevant evidence be excluded?

A

If the probative value is substantially outweighed by the following prejudicial effects:

  1. The evidence invites the jury to make a decision on an improper ground
  2. The evidence confuses the issues
  3. The evidence misleads the jury
  4. The evidence causes undue delay
  5. The evidence wastes time

Or

  1. Is the needless presentation of cumulative evidence.
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5
Q

What is circumstantial evidence?

A

Facts that logically establish other facts

More Info: Circumstantial Evidence

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6
Q

What is demonstrative evidence?

A

Evidence prepared in anticipation of trial to assist the jury or fact finder

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7
Q

What is character evidence?

A

Evidence of a general propensity or disposition for:

  1. Honesty
  2. Peacefulness
  3. Violence
    * More Info:* Character Evidence
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8
Q

When can character evidence be used to establish an essential element of the case?

A

Only in civil cases

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9
Q

When is character evidence admissible to prove a defendant’s conformity with character in civil cases?

A

When it is an essential element of a claim or defense in the case

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10
Q

What are the three forms of character evidence?

A
  1. Reputation
  2. Opinion

And

  1. Specific acts
    * More Info:* Forms of Character Evidence
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11
Q

What must be proven for a witness to offer character evidence?

A

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

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12
Q

If character evidence is based on opinion, what must a witness establish?

A

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

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13
Q

When character is an essential element of the trail, what type of character evidence is admissible?

A

Specific instances of that person’s conduct may be offered as evidence.

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14
Q

List the civil causes of action where character is ay issue, and thus all forms of character evidence are admissible?

A
  1. Defamation
  2. Child custody
  3. Negligent entrustment
  4. Negligent hiring
    * More Info:* Character - Civil Causes of Action
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15
Q

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

A

Only the defense can open the door to this type of evidence.

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16
Q

In a criminal case, what are the limits on the use of character evidence?

A

The pertinent trait of what the defendant is on trial for is all that may be discussede by character evidence.

If the case involves a crime of violence, then peacefulness is the pertinent trait.

If the trial is for a fraud case, then honesty is the pertinent trait.

Types: Reputation or character evidence can be used.

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17
Q

What can the prosecution do once a defendant opens the door to character evidence in a criminal case?

A

The prosecution can rebut with:

  1. Reputation evidence
  2. Opinion Evidence for their truth

Or

  1. For the limited purpose of impeaching witness, evidence of specific acts demonstrating the character of the defendant
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18
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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19
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. Character evidence can thus be used to show that the defendant acted in self defense.

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20
Q

If the defendant opens the door of a victim’s character in a criminal case, what can the prosecution do in response?

A

The prosecution may rebut with:

  1. Evidence of good character of the victim (reputation or opinion)

Or

  1. Evidence of the bad character of the defendant (reputation or opinion)
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21
Q

If a defendant, on trial for assault and battery, offers evidence of victim’s character for violence, then the prosecution may rebut with evidence of what?

A

Reputation evidence of the victim’s non violent reputation

Or

Evidence of the defendant’s violence character

22
Q

If a defendant offers evidence that the victim was the initial aggressor, what may the prosecution do?

A

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

The prosecution can only rehabilitate victim’s character of peacefulness because the evidence used was not character evidence it was related to the specific facts at issue.

23
Q

What is the MIMIC rule?

A

When evidence of other crimes may be admissible:

  1. Intent
  2. Absence of Mistake
  3. Identity
  4. Common Plan

Or

  1. Scheme
    * More Info:* MIMIC Rule
24
Q

What is evidence of the habit of a person or routine practice of an organization, whether corroborated or not, and regardless of the presence of eyewitnesses, relevant to prove?

A

Conduct in conformity with the habit

25
Q

What forms of habit evidence are admissible?

A
  1. Opinion

Or

  1. Specific acts
26
Q

What words in a question demonstrate a habit?

A

Words that do not leave room for deviation from the action:

  1. Always
  2. Habitually
  3. Automatically
  4. Instinctively
  5. Without fail
  6. Regularly
27
Q

Is negative habit evidence admissible?

A

Yes

28
Q

What words in a question do not demonstrate a habit?

A
  1. Usually
  2. Often
  3. Frequently
29
Q

Can a defendant testify about his own habit?

A

Yes

30
Q

What type of evidence is barred due to public policy?

A

Evidence of a subsequent remedial measures

31
Q

What is evidence of subsequent remedial measures barred from proving?

A
  1. Negligence
  2. Culpable content
  3. Need of a warning
32
Q

When is evidence of subsequent remedial measures admissible?

A

To demonstrate:

  1. Ownership
  2. Control
  3. Feasibility of a precaution
  4. Impeachment
    * More Info:* Subsequent Remedial Measures
33
Q

When is evidence of an offer to settle a claim is barred?

A

When a claim is disputed as to validity or amount.

Evidence of an offer to compromise may NOT be used as a prior inconsistent statement for impeachment purposes.

34
Q

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

A

To show

  1. Bias
  2. Prejudice, to negate an accusation of undue delay
35
Q

What is the key to evaluating the admissibility of offers to compromise and offers to settle?

A

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

If no facts are in dispute, then it is admissible.

36
Q

When is evidence of offering to pay medical bills admissible? Inadmissible?

A

An offer to pay medical expenses is inadmissible to prove liability; however, any words outside of the offer to pay medical expenses are admissible.

37
Q

Are pleas or statements made during plea negotiations by a defendant to a prosecutor admissible?

A

Statements are inadmissible against the defendant in the following circumstances:

  1. Guilty pleas later withdrawn
  2. Pleas of nolo contendere (no contest)

And

  1. Offers to plead guilty, not including statements made to the police
38
Q

When is evidence that a person was or was not insured inadmissible?

A

It is inadmissible to prove negligence or fault.

39
Q

When may evidence of insurance be admissible?

A

To prove:

  1. Agency
  2. Ownership or control
  3. Bias or prejudice of a witness
40
Q

When are the limits of insurance coverage admissible?

A

Never

41
Q

What is the rape shield law?

A

It is a broad rule of exclusion. In any civil or criminal proceeding involving alleged sexual misconduct, evidence offered to show the victim’s sexual behavior/predisposition or sexual history is excluded.

42
Q

Define sexual behavior pursuant to the rape shield law?

A

Sexual behavior includes actual sexual physical conduct as well as the use of contraceptives, fantasies, and any activities that imply sexual activity.

Predisposition includes how a person dresses, lifestyle choices, and speech. Predisposition evidence is inadmissible.

43
Q

In a criminal case, when is evidence of specific sexual acts admissible?

A

To prove:

  1. Consent of past sexual conduct between the defendat and the victim

Or

  1. The source of semen, to show that another man was the source
44
Q

What are the procedural requirements to introduce evidence of sexual acts?

A
  1. Notice is given to the opposing party
  2. The evidence is reviewed in-camera by the judge
  3. The evidence alleges sexual misconduct
45
Q

Who does the rape shield law protect in a case?

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.

46
Q

In a criminal case in which the defendant is accused of child molestation or sexual assault, what evidence is admissible?

A

Specific acts by the defendant are admissible and may bear on any relevant matter

47
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, what evidence is admissible?

A

Specific acts by the defendant are admissible and may bear on any relevant matter.

48
Q

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

A

The evidence supporting the specific acts must meet the preponderance of the evidence standard.

49
Q

What analysis is all evidence subject to?

A

403 Balancing: If the probative value is substantially outweighed by prejudicial effects.

More Info: 403 Balancing

50
Q

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

A

Admitting the evidence is against public policy

51
Q

What can habit evidence be used to prove?

A

That a person or a business acted in conformity with habit or routine business practice.

T&D.Edits.Evidence (8 decks)

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