3. Relevancy

Question 1

What is considered ‘Relevant Evidence’ under Rule 401?

Answer 1

Evidence is relevant if it helps show whether something is more or less likely to be true and that ‘something’ is important to deciding the case.

Question 2

What is Direct Evidence?

Answer 2

Direct evidence is evidence that, if believed, proves a fact or set of facts without the need to draw another inference.

Question 3

What is Circumstantial Evidence?

Answer 3

Evidence considered circumstantial when, in order to prove one set of facts, an inference must be drawn from another set of facts.

Question 4

When is circumstantial evidence inadmissible?

Answer 4

Circumstantial evidence is generally inadmissible to prove the non-existence of a dangerous condition by a lack of similar accidents.

Question 5

How may the court exclude evidence under Rule 403?

Answer 5

The court may exclude relevant evidence if its probative value is substantially outweighed by a danger of:
* unfair prejudice;
* confusing the issues;
* misleading the jury;
* undue delay;
* wasting time;
* needlessly presenting cumulative evidence.

Question 6

What form of character evidence is prohibited under Rule 404(a)(1)?

Answer 6

Rule 404(a)(1) prohibits using a person’s character or trait to prove their actions on a specific occasion.

Question 7

What form of character evidence is a criminal defendant allowed to offer about himself under Rule 404(a)(2)(A)?

Answer 7

A criminal defendant may present pertinent character evidence in the form of opinion or reputation, which the prosecutor may rebut.

Question 8

How is a ‘Pertinent’ character determined under Rule 404(a)(2)(A)?

Answer 8

‘Pertinent’ is determined by what crime the defendant is charged with.

Question 9

What form of character evidence is a criminal defendant NOT allowed to offer about himself under Rule 404(a)(2)(A)?

Answer 9

Evidence of specific acts is not permitted.

Question 10

Who is allowed to offer character evidence first in a criminal case under Rule 404(a)(2)(A)?

Answer 10

The prosecution may not offer character evidence unless the defendant does so first.

Question 11

What form of character evidence can a Prosecutor rebut to a criminal defendant’s testimony under Rule 404(a)(2)(A)?

Answer 11

Prosecution may rebut by offering reputation or opinion evidence that the Defendant does NOT have that good character trait.

Question 12

What form of character evidence can a Prosecutor use on Cross-Examination if the defendant did not provide testimony, under Rule 404(a)(2)(A)?

Answer 12

Prosecution may test the character witness’s familiarity and credibility using specific acts.

Question 13

How is a character witness’s credibility assessed by the jury under Rule 404(a)(2)(A)?

Answer 13

The judge will provide a limiting instruction to the jury NOT to use this testimony substantively against the defendant.

Question 14

What form of character evidence is a criminal defendant allowed to offer under Rule 404(a)(2)(B)?

Answer 14

A criminal defendant may offer reputation or opinion evidence of an alleged victim’s pertinent trait.

Question 15

How can a Prosecutor rebut evidence of an alleged victim’s pertinent trait under Rule 404(a)(2)(B)?

Answer 15

The prosecution may:

1. rebut with good character of the victim on that same trait and;
2. can offer the defendant’s bad character on that same trait, each through reputation or opinion, NOT specific acts.

Question 16

What form of character evidence can a prosecutor offer in a criminal homicide case under Rule 404(a)(2)(C)?

Answer 16

The prosecutor may offer evidence of the alleged victim’s trait of peacefulness to rebut evidence that the victim was the initial aggressor, even if the defendant did not offer evidence of the victim’s character for violence.

Question 17

When should Rule 404(a)(2)(C) not be used?

Answer 17

Do not apply this rule unless the case is a criminal homicide and the defendant is claiming that the victim was the initial aggressor.

Question 18

What evidence is inadmissible under Rule 404(b)(1)?

Answer 18

Evidence of a crime, wrong, or other act is not admissible to prove a person’s character to show that on a particular occasion, the person acted in accordance with the character.

Question 19

What non-propensity evidence may be admissible for the prosecution under Rule 404(b)(2)?

Answer 19

Prior bad acts can be admitted to prove the defendant’s conduct for purposes such as:
1. motive;
2. intent;
3. absence of mistake;
4. identity;
5. knowledge;
6. opportunity;
7. preparation;
8. plan;
9. scheme.

Question 20

What must a prosecutor do to introduce evidence under Rule 404(b)(2)?

Answer 20

The prosecutor must provide reasonable notice of the general nature of any such evidence intended to offer at trial.

Question 21

What form of character evidence is permissible once admitted into evidence under Rule 405(a)?

Answer 21

If character evidence is admissible for any reason, it may be proven in the form of reputation testimony or opinion testimony.

Question 22

If the defendant puts his character in issue by having a character witness testify as to his opinion of the defendant or the defendant’s reputation, the prosecution may rebut by:

Answer 22

(i) cross-examination into the basis for the opinion or knowledge of the reputation, and whether the witness has heard of particular instances of the defendant’s misconduct;

or

(ii) calling its own character witness to testify to the defendant’s bad reputation or their opinion of the defendant’s character for the trait involved.

Question 23

If the defendant brings up their good character in court through a witness, the prosecution can respond by:

Answer 23

1. Asking the witness questions about their opinion, knowledge, or whether they’ve heard of bad things the defendant has done; or
2. Bringing in their own witness to testify about the defendant’s bad reputation or give their opinion about the defendant’s bad character.

Question 24

What form of character evidence is used under Rule 405(b)?

Answer 24

Under Rule 405(b), when a person’s character or character trait is an essential element of a charge, claim, or defense, the character or trait may also be proved by relevant specific instances of the person’s conduct, in addition to reputation and opinion.

Question 25

What are the five civil causes of action where character is an essential element under Rule 405(b)?

Answer 25

1. Defamation 2. Negligent entrustment, hiring, supervision 3. Immigration 4. Child Custody 5. Entrapment

Question 26

What evidence is admissible under Rule 406?

Answer 26

Evidence of habit or routine practice is admissible to demonstrate that a person or organization acted consistently with it on a specific occasion.

Question 27

What is considered Habit Evidence under Rule 406?

Answer 27

Habit is denoted by 'always,' 'invariably,' 'customarily,' and 'habitually.'

Question 28

What four claims are inadmissible upon Remedial Measures under Rule 407?

Answer 28

Under Rule 407, if someone takes steps to fix or prevent a problem after an injury or harm happens, evidence of the subsequent measures is not admissible to prove: (1) negligence; (2) culpable conduct; (3) a defect in a product or its design; or (4) a need for a warning or instruction.

Question 29

What evidence upon remedial measures taken subsequent to an injury or harm is admissible under Rule 407?

Answer 29

Evidence of remedial measures may be admitted for: 1. To show ownership or control if denied; 2. To show feasibility of precautionary measures if denied; or 3. To Impeach.

Question 30

Subsequent Remedial Measures in Georgia

Answer 30

Georgia is one of the few states that allow a plaintiff to show that the defendant made repairs to a defective product in order to prove the product was defective in the first place.

Question 31

What is Rule 408(a)?

Answer 31

Under Rule 408(a), you can’t use evidence of a settlement offer, or anything said or done during the offer, to: 1. Prove whether the claim is valid or how much it’s worth. 2. Discredit someone by showing they previously said something different.

Question 32

Under Rule 408(b), The court may admit this evidence:

Answer 32

1. proving a witness's bias or prejudice; 2. negating a contention of undue delay; or 3. proving an effort to obstruct a criminal investigation or prosecution.

Question 33

What is Rule 409?

Answer 33

Evidence of offering or promising to pay medical, hospital, or similar expenses is not admissible to prove liability for the injury.

Question 34

What evidence is admissible under Rule 409?

Answer 34

An admission made in connection with offers to pay medical or hospital expenses is admissible and maybe severed from the offer itself. Rule 409 only protects the offer and the payment itself.

Question 35

What is Rule 410(a)?

Answer 35

A plea and any statements made during plea negotiations will be inadmissible against the defendant in a later proceeding if the plea: 1. is not accepted by the court; 2. later withdrawn by the defendant; or 3. if the defendant pleads nolo contendere.

Question 36

Rule 410(b) allows the admission of a statement made during plea discussions if:

Answer 36

1. It is introduced in a proceeding where another statement from the same discussions has been introduced and should fairly be considered together; or 2. It is used in a perjury or false statement criminal case, provided the statement was made under oath, on the record, and with counsel present.

Question 37

When does Rule 410 do not Apply?

Answer 37

Rule 410 does not apply to statements made to law enforcement, only where the bargaining is done with an attorney for the government.

Question 38

What is Rule 411?

Answer 38

Evidence that a person was or was not insured is INADMISSIBLE to prove negligence or fault.

Question 39

Evidence of insurance against liability may be admitted for another purpose, such as:

Answer 39

1. Proof of agency; 2. Ownership or control; or 3. Bias or prejudice of a witness.

Question 40

What is Rule 412(a)?

Answer 40

In any civil or criminal proceeding involving alleged sexual misconduct, evidence of the victim's sexual behavior or predisposition is generally inadmissible.

Question 41

What is Rule 411?

Answer 41

Evidence of insurance against liability may be admitted for purposes such as: * Proof of agency * Ownership or control * Bias or prejudice of a witness ## Footnote Evidence of insurance can be relevant in various legal contexts beyond just liability.

Question 42

Are statements made in connection with evidence of insurance coverage admissible?

Answer 42

Yes, they may be severed and are admissible. ## Footnote This allows for the separation of the insurance aspect from the main issues at hand.

Question 43

What does Rule 412(a) state regarding sexual misconduct cases?

Answer 43

In any proceeding involving alleged sexual misconduct, reputation and opinion evidence is generally inadmissible to prove: * That a victim engaged in other sexual behavior * A victim's sexual predisposition ## Footnote This rule aims to protect victims from character attacks.

Question 44

What specific past sexual acts are admissible under Rule 412(b)(1) in a criminal case?

Answer 44

Specific past sexual acts are admissible to show: * Consent * Source of semen, injury, other physical evidence * Evidence that is constitutionally required ## Footnote These exceptions allow for limited use of sexual history when relevant.

Question 45

What specific past sexual acts are admissible under Rule 412(b)(2) in a civil case?

Answer 45

Such evidence is admissible ONLY if the probative value substantially outweighs the danger of harm to any victim and of unfair prejudice to any party. ## Footnote This emphasizes a careful balancing of interests in civil proceedings.

Question 46

Is evidence of a victim's reputation admissible under Rule 412(b)(2)?

Answer 46

Yes, only if the victim has placed it in controversy. ## Footnote This means the victim must have introduced their character into the case.

Question 47

What actions must a party take under Rule 412(c)(1) to offer evidence under Rule 412(b)?

Answer 47

A party must: * File a motion that describes the evidence and states its purpose * Do so at least 14 days before trial unless otherwise set by the court * Serve the motion on all parties * Notify the victim or their representative ## Footnote These procedural requirements ensure fairness and transparency.

Question 48

What is the hearing requirement under Rule 412(c)(2)?

Answer 48

The court must conduct an in camera hearing and give the victim and parties a right to attend and be heard. ## Footnote This protects the privacy of the victim while allowing for legal scrutiny.

Question 49

What is Rule 413?

Answer 49

In a criminal case of sexual assault, the court may admit evidence that the defendant committed any other sexual assault. ## Footnote This rule allows for a broader view of a defendant's history in sexual assault cases.

Question 50

What is Rule 414?

Answer 50

In a criminal case of child molestation, the court may admit evidence that the defendant committed any other child molestation, regardless of time limits. ## Footnote Prosecutors must disclose such evidence at least 15 days before trial.

Question 51

What form of character evidence is not allowed under Rules 413 and 414?

Answer 51

Reputation and opinion character evidence are not permitted methods. ## Footnote This exclusion aims to prevent prejudicial information from influencing the jury.

Question 52

What is Rule 415?

Answer 52

In a civil case involving a claim for relief based on sexual assault or child molestation, the court may admit evidence that the party committed any other sexual assault or child molestation. ## Footnote This rule aligns with the intent to provide a full context of behavior relevant to the case.