Relevance

Question 1

FCDA±PWE

What is relevance?

Answer 1

Relevant evidence is evidence that is makes a fact more or less likely to be of consequence to the issue of the case then that fact would be without that evidence

Official definition: Relevant evidence is evidence that tends to make the existence of any fact that is of consequence to the determination of an action more or less probable than it would be _without_ the evidence

Question 2

list (3)

Factors in determining the relevance of evidence

Answer 2

1. Materiality
2. Probativeness
3. Proximity in time to the events in question

Question 3

Factors in determining the admissibility of evidence

Answer 3

1. material
2. probative
3. competent

Question 4

list (6)

What outweighs probative value

Answer 4

1. Danger of unfair prejudice
2. Confusion of the issues
3. Misleading the jury
4. Undue delay
5. Waste of time
6. Needless presentation of cumulative/repetitive evidence

Question 5

Unfair surprise is allowed under?
ommitted under?

Answer 5

some state rules;
federal rules

Question 6

Habit or Character Evidence?

Lara is very conscientious about the maintenance of her car

Answer 6

Character Evidence

Question 7

Habit or Character Evidence?

Lara checks the brakes of her car every Sunday before church

Answer 7

Habit

Question 8

Habit or Character Evidence?

Jeff never slows down at the Yield sign at the end of Summer Street

Answer 8

Habit

Question 9

hint: complaints or actions?

The D can show their lack of knowledge of a danger by admitting into evidence _______________

Answer 9

abscene of complaints

Question 10

List (2)

When can evidence of similar tort claims or involvement in prior accidents BE ADMITTED into evidence to invalidate the current claim?

Usually, similar tort claims or prior accidents are not admissible. However, in two scenarios, such evidence is admissible. What are they?

Answer 10

If it shows something OTHER than carelessness

1. P has made similar FALSE claims
2. If P has injured SAME body part and the CAUSE of injury is at issue then, prior accidents are admissible evidence to prove what the cause of the P’s same injury was

Example: P drove into a lamp post and now has neck pain. Six months before, he drove into a brick wall. Prior accident of brick wall admissible to show cause of injury was brick and not lamp post.

Question 11

Habit or Character Evidence?

Sally always takes the stairs two at a time

Answer 11

Habit

Question 12

If evidence shows person’s accident or injury is due to something other than carelessness, then _______________

hint: can evidence be admitted or nah?

Answer 12

Can admitted evidence of ____ to invalidate the current claim

1. similar tort claims or
2. involvement in prior accidents

Question 13

EXCEPTION: similar acts

When can evidence of impossibility be admissible?

Answer 13

To show something IS possible

(i.e. D claims car wont go about 50 mph but claim can be rebutted based on past occassions when it has gone above 50 mph)

Question 14

Habit or Character Evidence?

Jeff is a careless driver

Answer 14

Character Evidence

Question 15

EXCEPTION: similar acts

The requirement that prior similar occurrences be similar to the current issue may be relaxed when used to rebut a claim of: ____________________

Answer 15

Impossibility!

Question 16

complaints vs accidents

Is absence of similar accidents admissible to show absence of negligence or lack of defect?

Answer 16

Courts reluctant to admit

Example: Court reluctant to admit evidence that NOT that many ppl have hit the lamp post in the town center.

Question 17

Are (prior) similar occurrences admissible

Answer 17

NO, unless exception applies (hiii chap)

Question 18

List (8)

EXCEPTIONS to admitting (prior)similar occurrences

(“Hiii Chap !’) - hey chap, come on into evidence!!

Answer 18

1. H: Habit and Business Routine Evidence
2. I: Impossibility
3. I: Intent (prior acts)
4. I: Industry standard
5. C: causation
6. H: P’s accident history
7. A: Same accident/injury caused by same event or condition
8. P: Property

Question 19

How can industry custom of similar acts be used as evidence?

Answer 19

Evidence of how others in the industry have acted in the past may be used as evidence to show industry standard of care

NOTE: similar acts could be evident of an entire industry acting negligently

Question 20

complaint vs accidents

Is absence of similar complaints admissible to show absence of negligence or lack of defect?

Answer 20

YES, to show that the D’s lacked knowledge of the danger

Question 21

EXCEPTION: similar acts

Are quoted prices in offers an agreement to purchase property?

Answer 21

generally NO

Question 22

EXCEPTION: similar acts

What can evidence of other times, events, or persons be used to establish?

Answer 22

to prove Causation

(i.e. D’s blasting damaged homes in the neighborhood. Relevant evidence for P to establish that D’s blasting was the cause of damage to P’s home)

Question 23

Habit or Character Evidence?

Bart is a drunk

Answer 23

Character Evidence

Question 24

EXCEPTION: similar acts

When are prior similar acts to prove intent admissible?

Answer 24

Admit evidence of conduct that was previously committed prove intent for committing act at issue in current case

Example: M sues Ace Corp for sex discriminitation. M alleges she wasnt hired bc she’s a woman. M seeks to admit into evidence that Ace Corp hasnt hired women in 10 yrs, despite being well qualified.

Question 25

List (2)

Characteristics of Habit

Answer 25

1. Frequency of conduct
2. Uniqueness/particularity of circumstances

Question 26

EXCEPTION: similar acts

When are sales of similar property around the same time admissible as evidence for similar occurances

Answer 26

Evidence of sales of similar property is admissible to prove property value

Question 27

Can evidence that a person has filed a similar tort claims or been involved in prior accidents be admitted as evidence to invalidate the current claim?

Answer 27

NO, unless…

Question 28

Habit or Character Evidence?

Sally is always impatient and in a hurry

Answer 28

character evidence

Question 29

Habit or Character Evidence?

Bart stops at Charlie’s Tavern every night after work and has exactly four beers

Answer 29

Habit

Question 30

When is absence of D’s lack of knowledge of danger admissible

Answer 30

As a defense, by D, to prove they did not know of the danger which caused the same or similar injury

Question 31

Judicial notce

Answer 31

when courts treat evidence as a true fact even though formal evidence has not been introduced

Question 32

What is judicial notice

A court can take judicial notice of facts which are

Answer 32

1. Determinable - capable, accurate, or readily determinable
   
   • iow things that can be looked up in some kind of reference
2. Common knowledge ** within the jx**
   
   1. think court records … not just general public records
      
      • judicial notice functions are a substitute for more formal evidence (i.e., testimonial evidence), it has the same effect as more formal evidence.

Question 33

If a judge takes judicial notice of a fact in a civil case regarding BOF

Answer 33

P burden of producing evidence on that point is satisfied

Question 34

If a judge takes judicial notice of a fact in a civil case:

Answer 34

it is conclusive/binding on a jury

Question 35

If a judge takes judicial notice of a fact in a criminal case:

Answer 35

it is NOT conclusive/binding on a jury

the court must instruct the jury that it may or may not accept the noticed fact as conclusive

Question 36

Who has BOF in a criminal case if a judge takes judicial notice of fact?

Answer 36

BOF (establishing D’s’s guilt) always stays with P

Question 37

Judicial notice of scientific principles

Answer 37

Once a particular scientific test or principle has become sufficiently well-established, courts no longer require proof (expert testimony) of the underlying basis of the test.

The results of such a test are therefore admissible into evidence.